North Dakota Residential Landlord-Tenant Laws Overview
A complete guide to North Dakota landlord-tenant laws, including security deposit limits, interest rules, and the 3-day eviction notice process.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
North Dakota Residential Landlord-Tenant Laws: A Complete Overview
Residential tenancies in the Peace Garden State are governed by the North Dakota Century Code (NDCC) Chapter 47-16 (Leasing of Real Property), which has been in effect since 1901.
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. However, under NDCC 47-16-07.1, a landlord may accept up to two months' rent as security from an individual convicted of a felony offense or from an individual who has had a judgment entered against them for violating the terms of a previous rental agreement.
- Pet Deposits: Landlords can charge a separate pet deposit. This is capped at the greater of $2,500 or two months' rent (NDCC 47-16-07.1(2)).
- Mandatory Interest: If the tenant occupies the property for at least nine months, 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.
See our Security Deposits guide.
The North Dakota Eviction Process
Eviction in North Dakota is remarkably swift compared to coastal states, primarily due to extremely short notice periods. These actions, known as "eviction for possession," are typically filed in the District Court of the county where the property is located.
- 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 (NDCC 47-32-01).
- 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.
See our Eviction Process guide.
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, North Dakota courts require the fee to be "reasonable" (generally 5% to 10% of the rent), and it must be explicitly written into the lease agreement. There is no mandatory statutory grace period.
See our Rent Increases and Late Fees guides.
Required Disclosures and Maintenance
Unlike some neighboring states, North Dakota does not mandate a massive list of state-specific disclosures. However, NDCC 47-16-07.2 (Statement of Condition) requires that a landlord provide a statement describing the condition of the premises at the time of the execution of the lease, which must be signed by both the landlord and the tenant. Landlords must also comply with the federal lead-based paint disclosure for older homes.
Maintenance obligations are standard: landlords must keep the premises fit for human habitation, comply with building codes, and repair essential services (heat, water, plumbing) under NDCC 47-16-13.1.
See our Required Disclosures and Maintenance Obligations guides.
Official Law Citation: This information is derived from NDCC Chapter 47-16. For current statutes, visit the North Dakota Legislative Branch.
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Landager tracks lease terms, automated rent collection, and maintenance workflows - making it easy to stay compliant with North Dakota regulations.
Sources & Official References
Frequently Asked Questions
▶What are the North Dakota landlord-tenant laws every property owner should know?
Residential tenancies in the Peace Garden State are governed by the North Dakota Century Code (NDCC) Chapter 47-16 (Leasing of Real Property). This guide covers the essential compliance requirements for property owners and landlords.
▶What is the North Dakota eviction process and how long does it take?
The North Dakota eviction process requires landlords to provide written notice to tenants before filing a court action. The type and length of notice depends on the reason for eviction — typically shorter for non-payment of rent and longer for lease violations or no-fault terminations. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in North Dakota. The full court process varies but typically takes several weeks.
Read the complete guide▶What are the North Dakota security deposit rules and return deadlines?
North Dakota has specific rules governing how much landlords can charge for security deposits, how deposits must be held, and the deadline for returning deposits after a tenant moves out. Landlords must provide an itemized statement of any deductions made from the deposit. Failure to comply with deposit return deadlines can result in penalties and the forfeiture of the landlord's right to claim deductions.
Read the complete guide▶What are the North Dakota rent increase laws and caps for landlords?
North Dakota has specific rules governing when and how landlords can increase rent. During a fixed-term lease, rent generally cannot be increased unless the lease explicitly allows it. For month-to-month tenancies, landlords must provide proper written notice before an increase takes effect. Check whether North Dakota has any local rent control ordinances that may impose additional caps or requirements.
Read the complete guide▶What is the grace period for late rent in North Dakota?
North Dakota has specific rules regarding grace periods for late rent and the amount that can be charged as a late fee. Late fee provisions must be stated in the lease agreement, and fees must be reasonable. Check North Dakota state law and any applicable local ordinances for the exact grace period and late fee limits that apply to your rental property.
Read the complete guide▶What disclosures must North Dakota landlords provide to tenants?
North Dakota landlords must provide certain disclosures to tenants before or at the time of lease signing. Common required disclosures include lead-based paint hazards (for pre-1978 buildings, a federal requirement), the identity of the landlord or property manager, and any known material defects in the property. Additional state-specific disclosures may include flood risk, mold hazards, and environmental conditions.
Read the complete guide▶What are the North Dakota lease requirements for rental properties?
North Dakota recognizes both written and oral leases, though written leases are strongly recommended for terms longer than one year. Lease agreements should include the rent amount, payment due date, security deposit terms, maintenance responsibilities, and rules regarding entry, pets, and subletting. Certain lease clauses that waive tenant statutory rights may be void and unenforceable under North Dakota law.
Read the complete guide▶What are North Dakota landlord maintenance obligations and habitability standards?
North Dakota landlords must maintain rental properties in a condition that is fit for habitation and complies with applicable building, housing, and health codes. This includes maintaining structural integrity, plumbing, heating and cooling systems, electrical systems, and pest control. Tenants typically have the right to request repairs in writing, and if repairs are not made within a reasonable time, tenants may have legal remedies available.
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