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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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North Dakota’s landlord-tenant laws, found in the North Dakota Century Code (NDCC), lay out the basic rules for both landlords and tenants. These laws were enacted to ensure a fair and respectful rental experience.
Tenants in North Dakota are entitled to several key rights, such as:
Tenants also have obligations, including:
Landlords in North Dakota also have certain rights, including:
Landlords also have several key duties:
Source: Tenant Rights | North Dakota Attorney General (.gov)
No specific notice requirement is given in North Dakota statute. However, landlords are required to give advance notice of their intent to enter an occupied property. This notice period must be reasonable and the notice must put into writing detailing their intent to enter at a specified time. The tenant can’t unreasonably withhold consent, and the tenant’s failure to object to the notice would constitute presumed consent.
Generally at least 24 hours’ notice before entering the rental unit. This ensures tenant privacy while allowing landlords to take care of the property.
Notice of entry requirements are waived in the case of an emergency.
(N.D. Cent. Code § 47-16-07.3)
Late fees are allowed in North Dakota and the law doesn’t set a cap on late fees. However, any late fees the landlord wishes to charge must be written into the lease.
Additionally, while there is no mandatory grace period in North Dakota it is common practice for landlords to give tenants a grace period before charging late fees. (Attorney General’s Guide to Tenant Rights & Responsibilities).
North Dakota doesn’t have statewide rent control laws, which gives landlords the flexibility to set and adjust rental prices without specific limits.
Because there are no rent caps, landlords can increase rent at the end of a lease, but they must follow certain rules when notifying tenants about these changes.
While landlords have flexibility, there are important protections for tenants:
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North Dakota's rental application laws aim to ensure a fair and straightforward process for both landlords and tenants.
Here’s a breakdown of the key things you need to know to help both parties understand their rights and responsibilities.
Tenant screening regulations in North Dakota differ slightly from those in other states. Here are some key points landlords must adhere to:
In North Dakota, landlords can set their own rental application fees since there’s no legal limit. While they can technically charge any amount, it’s recommended that fees stay reasonable, ideally just covering the cost of background checks.
One important thing to note: once a fee is paid, it’s non-refundable, no matter if the application is approved or denied.
North Dakota follows the federal Fair Housing Act (FHA), which protects applicants from discrimination based on factors like race, color, national origin, religion, sex, familial status, and disability.
On top of that, North Dakota law also protects people based on their marital status and whether they receive public assistance. Landlords can’t ask about any of these protected traits during the application process. However, there are a few exceptions:
Landlords must clearly explain what screening criteria they’ll use before processing an application. This includes any factors that could lead to an application being denied. Tenants are required to sign the application, acknowledging they’ve been informed of these criteria.
According to the Federal Credit Reporting Act (FCRA), landlords have to get written permission from potential tenants before running a credit check. This ensures that tenants know how their credit information will be used in the application process.
A well-rounded rental application will usually ask for:
This information helps landlords evaluate applicants while staying in line with the law.
Landlords also have to make some key disclosures to prospective tenants, including:
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In North Dakota, security deposit laws are designed to protect both tenants and landlords by ensuring transparency and fairness in how deposits are handled. Here's a breakdown of the key details.
Typically, in North Dakota landlords can charge a security deposit equal to one month's rent. However, there are a couple of exceptions:
If a tenant has pets, landlords can require a pet deposit. This deposit can't be more than $2,500 or two months' rent, whichever is greater (N.D.C.C. § 47-16-07.1(1)).
Landlords are allowed to keep part of your deposit under specific circumstances, such as:
Landlords must give tenants an itemized list of any deductions within 30 days of move-out. If they fail to do so, they may lose the right to keep any of the deposit (N.D.C.C. § 47-16-07.1(3)(c)).
When a landlord collects a security deposit, they must put it in a federally insured, interest-bearing account that’s separate from their personal funds (N.D.C.C. § 47-16-07.1).
When returning a tenant’s deposit, landlords must:
If a landlord withholds your deposit without a valid reason, they could be liable for up to three times the amount wrongfully withheld (N.D.C.C. § 47-16-07.1(4)).
If you’ve lived in your rental for more than nine months, you’re entitled to any interest earned on your deposit when it’s returned.
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In North Dakota, a rental agreement, often referred to as a lease, is a legal document that outlines the terms and conditions between landlords and tenants when renting property.
Oral lease agreements are allowed in North Dakota, but only for rental periods of less than one year. If the lease is for a year or more, North Dakota law requires the lease to be in writing to be enforceable. This is governed by the North Dakota Statute of Frauds, which requires certain types of agreements, including long-term leases, to be in writing.
A lease needs to include the full names and contact details of everyone involved. This ensures accountability and helps avoid disputes over who is responsible for what. According to North Dakota Century Code § 47-16-01, having clarity on this is important for enforcing the lease.
The lease should give a detailed description of the rental property, including its address. For properties built before 1978, federal law (42 U.S.C. § 4852d) requires a warning about the potential for lead-based paint. This keeps tenants informed about safety risks and ensures compliance with regulations.
Leases in North Dakota can either be for a fixed term, usually one year, or month-to-month. The lease should clearly state how long it lasts and any options for renewing. If no term is mentioned, North Dakota law assumes it's month-to-month (N.D.C.C. § 47-16-15), offering flexibility for both landlords and tenants.
The lease must clearly state the rent amount, when it's due, and how it should be paid. In North Dakota, the security deposit for a yearly lease is limited to one month's rent, while for month-to-month agreements, there’s no cap until the tenancy hits one year. Security deposits must be returned within 30 days after the lease ends unless deductions are made, in which case an itemized list must be provided.
The lease should spell out who is responsible for maintaining the property. Landlords are required by law to keep the place habitable, while tenants must keep the space clean and notify the landlord if repairs are needed. Being clear about these duties helps prevent disputes during the tenancy.
It’s important to clarify in the lease which utilities are included in the rent and which ones the tenant will be responsible for. This transparency helps avoid misunderstandings about who should be paying for what.
The lease should include details about how it can be terminated, including how much notice is required (landlords must give at least 60 days' notice) and any renewal options. Tenants should be made aware of their rights when it comes to ending the lease early to avoid potential legal issues.
The lease can include extra clauses to cover things like rent increases or subletting policies. Landlords may want to consult a lawyer when drafting these clauses to ensure they comply with North Dakota law.
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Understanding North Dakota’s laws on lease termination is important for both landlords and tenants, as they detail the rights and responsibilities when ending a lease early.
Here’s a clear breakdown of the key points for breaking a lease in North Dakota.
The type of rental agreement you have determines how much notice you need to give:
There are some situations where tenants can legally break their lease without facing penalties:
In North Dakota, landlords are required to follow a legal process to evict tenants, which includes obtaining a court order based on valid reasons. This process typically takes about two to four weeks, depending on the circumstances and court availability (NDC § 47-32-01 to 47-32-04).
It’s important for both landlords and tenants to understand the grounds for eviction. Here are the main reasons a landlord might start eviction proceedings:
If rent isn’t paid within three days of the due date, it’s considered late. The landlord can then issue a 3-Day Notice to Pay or Quit, giving the tenant three days to pay the overdue rent or face eviction. If the tenant doesn’t pay within that time, the landlord can proceed with filing for eviction. (N.D. Cent. Code § 47-32-01)
Tenants can also be evicted for breaking the lease, such as causing property damage or violating occupancy limits. In these cases, the landlord must provide a 3-Day Notice to Quit, which means the tenant has three days to leave the property without a chance to fix the violation. (N.D. Cent. Code § 47-32-01, § 47-32-02 and § 47-16-16)
If a tenant stays in the rental unit after their lease expires, the landlord must give notice before starting the eviction process. For month-to-month leases, the tenant must receive a 30-Day Notice to Quit. For other types of leases, the notice must match the rental payment period or be at least 30 days. (N.D.C.C. § 47-16-15).
When a rental property is sold and the new owner doesn’t want to continue renting it, the landlord must issue a 3-Day Notice before starting the eviction process. Although it’s a good idea to notify the tenant about the sale, the tenant doesn’t have the right to fix any issues in this case.
The eviction process starts with the landlord serving the appropriate notice based on the reason for eviction:
Landlords should keep copies of all notices, as they may be required in court.
If the tenant doesn’t comply with the notice within the required time frame, the landlord must follow these steps:
This process ensures that both parties have the opportunity to present their case fairly in court before any eviction is finalized.
Homeowners associations (HOAs) in North Dakota are guided by various laws that oversee their formation, operation, and governance.
While there isn't one specific law dedicated solely to HOAs, several key regulations shape how they function, especially when they’re set up as nonprofit corporations or operate within condominiums.
Here's an easy-to-understand breakdown of the main laws and regulations affecting HOAs in North Dakota:
This law governs how condominium associations are formed and run. To establish a condominium, a formal declaration must be filed with the county recorder where the property is located. This ensures that condominium communities follow a structured system of governance, with clear guidelines for managing and maintaining shared responsibilities among owners. (North Dakota Condominium Ownership of Real Property)
When an HOA or condominium association is set up as a nonprofit, it falls under this law. It covers the corporate structure and operational procedures of nonprofit organizations in the state. This includes keeping proper records, holding meetings, and ensuring transparency with members. (North Dakota Nonprofit Corporations Act)
This law makes it illegal to discriminate in housing based on race, color, religion, sex, disability, familial status, national origin, or marital status. It works alongside federal laws like the Fair Housing Act, ensuring that residents are protected from unfair treatment in housing transactions or community governance. (North Dakota Housing Discrimination Act)
In North Dakota, adverse possession laws outline how someone—often called a squatter—might be able to claim ownership of property if certain conditions are met. These laws are important for both property owners and renters to understand to protect their rights.
To make a valid claim for adverse possession in North Dakota, a squatter must meet several conditions:
The squatter has to live on the property continuously for at least 20 years. However, this time frame can be reduced to 10 years if they’ve been paying property taxes or have a legal document (often called "color of title") that gives the impression of ownership. The key is that the occupation must be ongoing—irregular or temporary stays won’t qualify.
The squatter must have sole control over the property, meaning they can’t share it with anyone, including the rightful owner. This exclusivity helps establish a stronger claim of ownership.
The occupation must be visible and apparent to anyone, including the actual owner. Squatters can’t sneak around; their presence on the property needs to be out in the open, making it clear to everyone that they’re living there.
The squatter must treat the property as if they are the rightful owner, such as making improvements, maintaining the land, or taking care of it. Keeping records of these efforts can help build a case for ownership.
In legal terms, "hostile" doesn’t mean aggressive; it simply means the squatter is living on the land without the owner's permission. There are different ways this can happen:
Below, you’ll find some helpful North Dakota landlord–tenant law resources:
