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 exceed $19,000 per violation.

2. Identity of Landlord and Manager

While implied in standard business practices, it is a legal necessity 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.

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 DepositsPregled nije dostupan guide.

Official Law Citation: This information is derived from NDCC 47-16-07.2. For current statutes, visit the North Dakota Legislative BranchPregled nije dostupan.

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