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    North Dakota Late Fee Law

    No North Dakota statute caps residential late fees or requires a grace period; the lease sets both.

    Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed

    North Dakota late fee law at a glance

    Late-fee capNo state capN.D.C.C. ch. 47-16 (silent on late fees), N.D.C.C. § 9-08-04 (liquidated damages)
    Grace periodNo state grace periodN.D.C.C. ch. 47-16 (silent on late-fee grace periods)
    Notice before filing for unpaid rent3 days (3-day notice of intention to evict)N.D.C.C. §§ 47-32-01(4), 47-32-02

    What North Dakota law says

    Is there a limit on late fees in North Dakota?

    North Dakota has no statutory cap on residential late fees, but a lease late fee must be a reasonable pre-estimate of damages, since contract clauses fixing damages in advance are void unless actual damages are impracticable to fix (N.D.C.C. § 9-08-04) (N.D.C.C. ch. 47-16 (silent on late fees)).

    Does North Dakota require a grace period before a late fee?

    North Dakota law sets no grace period before a late fee may be charged; the lease controls when rent is due and when a late fee applies (N.D.C.C. ch. 47-16) (N.D.C.C. ch. 47-16 (silent on late-fee grace periods)).

    How much notice must a North Dakota landlord give for unpaid rent?

    Once rent is 3 days late, serve a written 3-day notice of intention to evict before filing an eviction action (N.D.C.C. §§ 47-32-01(4), 47-32-02).

    How North Dakota compares

    31 of 51 verified jurisdictions set no statutory cap. 14 require a grace period.

    Montana and South Dakota follow the same rule as North Dakota; 1 of its 3 neighbors differs.

    Late-fee cap · grace periodStates
    No state cap · noneNorth Dakota, Montana, South Dakota
    Statutory formula · noneMinnesota

    Other North Dakota rules

    Security deposit limit1 month's rent (with exceptions)N.D.C.C. § 47-16-07.1(1)-(2)
    Deposit return deadline30 days after move-outN.D.C.C. § 47-16-07.1(3)
    Entry noticeNotice and tenant consent identifying a time certain, unless impractical; entry only at reasonable hours and in a reasonable manner; consent presumed from failure to object after notice; no notice for emergencies, suspected abandonment, or a reasonable belief of substantial lease violationN.D.C.C. § 47-16-07.3
    Rent-increase notice30 days (Applies to month-to-month tenancies; the tenant may instead end the tenancy at month's end on at least 25 days' notice (§ 47-16-15(3)). Fixed-term leases: no mid-term increase unless the lease allows it)N.D.C.C. § 47-16-07, N.D.C.C. § 47-16-15
    Month-to-month termination30 days (either side)N.D.C.C. § 47-16-15, N.D.C.C. §§ 47-16-06, 47-16-06.1

    Read the North Dakota law

    Put the late fee and grace period in writing

    Report an outdated or wrong rule