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    North Dakota Residential Lease Agreement

    North Dakota caps most security deposits at 1 month's rent (3 exceptions apply), and requires its return within 30 days after move-out.

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    North Dakota lease rules at a glance

    Key North Dakota rules for a residential lease, with the statute behind each
    RuleWhat the law says
    Security deposit cap1 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)
    Late feesNo state cap · grace period: no state grace periodN.D.C.C. ch. 47-16 (silent on late fees), N.D.C.C. § 9-08-04 (liquidated damages), N.D.C.C. ch. 47-16 (silent on late-fee grace periods)
    Landlord 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
    Ending a month-to-month lease30 days (either side)N.D.C.C. § 47-16-15, N.D.C.C. §§ 47-16-06, 47-16-06.1
    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
    Rent controlNone; cities barred from adopting itN.D.C.C. § 47-16-02.1
    Eviction notice for unpaid rent3 days (3-day notice of intention to evict)N.D.C.C. §§ 47-32-01(4), 47-32-02

    North Dakota lease disclosures checklist

    When the lease is signed, give the tenant a condition statement that both of you sign, and for pre-1978 housing give the federal lead-paint disclosure and EPA pamphlet (N.D.C.C. § 47-16-07.2; 42 U.S.C. § 4852d). (N.D.C.C. § 47-16-07.2, 40 CFR Part 745 Subpart F)

    MakeLease generates a customizable lease; add these North Dakota disclosures and terms.

    Before you sign in North Dakota

    Deposit cap exceptions in North Dakota
    One month's rent; up to two months for tenants with a felony conviction or a prior judgment for violating a rental agreement; a separate pet deposit up to the greater of $2,500 or two months' rent N.D.C.C. § 47-16-07.1(1)-(2)
    • Tenant convicted of a felony (as an incentive to rent): up to 2 months' rent
    • Tenant with a judgment entered against them for violating a previous rental agreement: up to 2 months' rent
    • Pet security deposit (not for service or assistance animals): up to the greater of $2,500 or two months' rent: no cap
    If a deposit is withheld wrongly
    A landlord who withholds deposit money without reasonable justification is liable for treble damages (N.D.C.C. § 47-16-07.1(4)). (N.D.C.C. § 47-16-07.1(4))
    Deductions from the deposit
    Any part of the deposit not refunded must be itemized in a written notice that states any amount still owed to the landlord or the refund due, delivered or mailed within 30 days (N.D.C.C. § 47-16-07.1(3)). (N.D.C.C. § 47-16-07.1(3))
    Interest on the deposit
    Landlords must hold deposits in a federally insured interest-bearing account and pay the tenant the accrued interest when the lease ends, unless the tenant occupied the unit for less than nine months (N.D.C.C. § 47-16-07.1(1), (3)). (N.D.C.C. § 47-16-07.1(1), (3))
    Rent control and increases
    North Dakota has no rent control, and no city or county may adopt an ordinance that controls the amount of rent on private housing (N.D.C.C. § 47-16-02.1). (N.D.C.C. § 47-16-02.1)

    No statewide rent control; cities, counties and other political subdivisions may not enact, keep or enforce rent control on private residential or commercial property (§ 47-16-02.1).

    If rent goes unpaid
    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). (N.D.C.C. §§ 47-32-01(4), 47-32-02)

    North Dakota lease FAQs

    How much can a landlord charge for a security deposit in North Dakota?

    Landlords may not take a security deposit above one month's rent, except up to two months from a tenant with a felony conviction or a prior rental-agreement judgment, plus a separate pet deposit up to the greater of $2,500 or two months' rent (N.D.C.C. § 47-16-07.1(1)-(2)).

    How long does a North Dakota landlord have to return a security deposit?

    Landlords must deliver or mail the deposit balance, with an itemization of any amounts kept, within 30 days after the lease ends and the tenant surrenders possession (N.D.C.C. § 47-16-07.1(3)).

    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)). 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 before entering a rental?

    Outside emergencies, a North Dakota landlord must notify the tenant and get consent for a specific time before entering, during reasonable hours, though consent is presumed if the tenant does not object after notice (N.D.C.C. § 47-16-07.3).

    How much notice ends a month-to-month tenancy in North Dakota?

    Either a North Dakota landlord or tenant may end a month-to-month tenancy with at least one calendar month's written notice, given at any time unless they agreed in writing to something longer (N.D.C.C. § 47-16-15(2)).

    What disclosures does a North Dakota lease need?

    When the lease is signed, give the tenant a condition statement that both of you sign, and for pre-1978 housing give the federal lead-paint disclosure and EPA pamphlet (N.D.C.C. § 47-16-07.2; 42 U.S.C. § 4852d). The list covers Signed statement describing the condition of the premises and facilities and Lead-based paint disclosure and EPA pamphlet.

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