Residential tenancies in the Peace Garden State are governed by the North Dakota Century Code (NDCC) Chapter 47-16 (Leasing of Real Property).

North Dakota law generally leans landlord-friendly, explicitly prohibiting local rent control and allowing for exceptionally fast eviction procedures for unpaid rent. However, it also features highly specific, rigid rules regarding the collection and holding of security deposits that landlords frequently overlook.

Security Deposits and Mandatory Interest

North Dakota is one of the few states that imposes highly specific exceptions to its security deposit caps, while also mandating the payment of interest to the tenant.

• The Standard Cap: A landlord can generally charge a maximum security deposit equal to one month's rent.
• Pet Deposits: Landlords can charge a separate pet deposit. This is capped at $2,500 or two months' rent, whichever is less.
• Mandatory Interest: If the tenant occupies the property for at least one year, the landlord must pay the tenant interest on their security deposit, tied to the Federal Reserve discount rate. The funds must be held in a federally insured, interest-bearing account.
• Return Deadline: The deposit and an itemized list of any deductions must be returned within 30 days of the lease terminating.

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The North Dakota Eviction Process

Eviction in North Dakota is remarkably swift compared to coastal states, primarily due to extremely short notice periods.

• 3-Day Notice to Pay or Quit: If rent is late, the landlord only needs to provide a 3-day written notice before filing an eviction lawsuit (unlawful detainer).
• 3-Day Notice for Lease Violations: For general lease violations (e.g., unauthorized occupants, severe noise complaints), North Dakota law only requires a 3-day notice to quit. Statutorily, the landlord is not legally obligated to give the tenant a chance to "cure" or fix the violation, though many leases outline softer terms.
• No-Cause Termination: To end a month-to-month lease without a specific reason, landlords must provide a 30-day written notice.

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Rent Increases and Late Fees

• Rent Increases: There is no rent control in North Dakota. Landlords can raise the rent by any amount. However, they must provide at least 30 days' written notice before increasing rent on a month-to-month tenancy, and they cannot increase rent during an active fixed-term lease unless the contract explicitly allows it.
• Late Fees: North Dakota has no statutory cap dictating exactly how much a late fee can be. However, courts require the fee to be "reasonable" (generally 5% to 10% of the rent limit), and it must be explicitly written into the lease agreement. There is no mandatory statutory grace period.

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Required Disclosures and Maintenance

Unlike some neighboring states, North Dakota does not mandate a massive list of state-specific disclosures. Landlords must comply primarily with the federal lead-based paint disclosure for older homes. While a move-in condition checklist is not statutorily demanded by the state, it is heavily recommended to defend against security deposit disputes.

Maintenance obligations are standard: landlords must keep the premises fit for human habitation, comply with building codes, and repair essential services (heat, water, plumbing).

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Official Law Citation: This information is derived from NDCC Chapter 47-16. For current statutes, visit the North Dakota Legislative BranchPreview unavailable.

How Landager Helps

Landager tracks lease terms, automated rent collection, and maintenance workflows - making it easy to stay compliant with North Dakota regulations.