North Dakota Landlord Disclosures: Move-in Condition & More
A guide to mandatory landlord disclosures in North Dakota, including the move-in condition statement and federal lead-paint requirements.
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 Landlord Required Disclosures
Under the North Dakota Century Code (effective 1901), compared to states like California or New York, North Dakota imposes a relatively light administrative burden on landlords regarding required state-level disclosures. However, failing to provide the disclosures that are required-particularly federal ones-can result in devastating financial penalties.
1. Federal Lead-Based Paint Disclosure
Because North Dakota lacks an extensive list of state-specific hazard disclosures, the heavy lifting falls to federal law. If you are leasing a residential property built prior to 1978, you are strictly bound by the federal Residential Lead-Based Paint Hazard Reduction Act.
This is the most critical disclosure a North Dakota landlord must handle. Before a tenant signs a lease or hands over a deposit, the landlord must:
- Provide the prospective tenant with the EPA-approved information pamphlet, "Protect Your Family From Lead In Your Home."
- Explicitly disclose any known presence of lead-based paint or lead-based paint hazards in the specific dwelling unit or common areas.
- Provide the tenant with any available records or reports concerning lead-based paint in the building.
- Include a highly specific, standardized "Lead Warning Statement" within the lease agreement, which the tenant must physically sign or initial.
The EPA aggressively audits and enforces this law. Fines for violating the lead-based paint disclosure rules can be not more than $10,000 per violation.
2. Identity of Landlord and Manager
While implied in standard business practices, it is generally recommended for a tenant to know exactly who they are dealing with. The lease agreement should clearly identify, in writing, the name and address of:
- The owner of the premises.
- Any person authorized to manage the premises (e.g., the property management company).
- Any person authorized to act on behalf of the owner for the purpose of receiving legal notices, demands, and paying rent.
Note: A specific statutory mandate for this disclosure was not found within the provided North Dakota Century Code Chapter 47-16.
3. The Move-In Condition Checklist (Best Practice)
Crucial Note: North Dakota state law does not statutorily mandate that a landlord provide a specific, state-approved Move-In Condition Checklist to the tenant.
However, from a legal defense standpoint, a Move-In Checklist is functionally required if the landlord ever intends to withhold money from the security deposit.
Under NDCC Chapter 47-16, a landlord can only withhold a security deposit for damages "beyond normal wear and tear" or unpaid rent. If a landlord attempts to deduct $800 for stained carpets at move-out, and the tenant sues, claiming the stains were there when they moved in, the burden of proof is heavily on the landlord. Without a highly detailed, countersigned Move-In Checklist containing photographs proving the carpets were perfect on day one, the landlord will almost certainly lose the lawsuit and be forced to return the deposit (potentially facing double damages for wrongful retention).
See our Security Deposits guide.
Official Law Citation: This information is derived from NDCC 47-16-07.2. For current statutes, visit the North Dakota Century Code Chapter 47-16.
How Landager Helps
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 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.
▶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.
Read the complete guide▶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 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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