North Dakota Renter Rights & Landlord Laws Guide 2025

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws are subject to change. Both parties should consult with a qualified attorney for specific legal issues.

1. Overview: Tenant-Friendly vs. Landlord-Friendly

Classification: Landlord-Friendly (Score: High)

North Dakota is generally considered a Landlord-Friendly state. The legal framework heavily favors property owners, particularly regarding eviction timelines and lease enforcement. While renter protections exist (such as requirements for habitability), the burden of proof and procedural compliance often rest heavily on the tenant.

For Landlords: The state offers relatively swift legal recourse for non-payment and lease violations.
For Renters: You have rights, but you must be diligent in documenting issues and responding to notices. The court system moves quickly; hesitation can result in loss of rights.

2. Security Deposits

North Dakota law (Century Code § 47-14-07) regulates security deposits to ensure fair treatment, though the limits are not as restrictive as in some states.

Limits

No State Cap: North Dakota does not limit the amount a landlord can charge for a security deposit (unless specified in local ordinances, which are rare).
Pet Deposits: Generally allowed, but must be refundable unless specified otherwise.

Return Requirements

Timeline: Landlords must return the deposit (or an itemized list of deductions) within 30 days after the tenant vacates the premises.
Deductions: Landlords may deduct for:
- Unpaid rent.
- Damage beyond normal wear and tear.
- Cleaning costs (if the unit is left significantly dirtier than at move-in).

Tenant Warning

If you do not receive your deposit or an itemized list of deductions within 30 days, you may be entitled to recover the full deposit plus attorney’s fees in court. Send a certified letter requesting the return if the deadline passes.

3. Eviction Rules

Evictions in North Dakota are processed through the "Summary Procedure" (Rule 26), designed to be fast and efficient for landlords.

Grounds for Eviction

Non-Payment of Rent: Failure to pay rent on time.
Lease Violation: Breaking specific terms of the lease (e.g., unauthorized pets, subletting).
Holdover: Staying beyond the lease term without permission.

The Process & Notice Periods

Non-Payment (3-Day Notice): For failure to pay rent, the landlord must serve a 3-Day Notice to Pay or Vacate. The tenant has three days to pay the rent in full or move out. If they do neither, the landlord can file for eviction immediately on the 4th day.
Lease Violation (3-Day Notice): For other material violations, a 3-Day Notice to Comply or Vacate is typically required. The tenant has three days to fix the issue or leave.
No Lease/End of Lease (30-Day Notice): For tenants at-will or holdover tenants, a 30-day notice to quit is generally required.

Court Process

If the tenant does not comply with the notice, the landlord files a complaint with the district court.
A hearing is usually scheduled within 10–14 days.
If the landlord wins, the tenant may have a short period (rarely more than a few days) to appeal or vacate before a writ of eviction is executed by law enforcement.

4. Landlord Entry

North Dakota law is silent on a specific statute requiring notice for landlord entry. However, common law and lease agreements dictate the standards.

Standard Practice

Reasonable Notice: While not explicitly codified in state statute, landlords are generally expected to provide 24 hours' notice before entering, except in emergencies.
Lease Terms: The lease agreement is the binding authority here. If the lease specifies a notice period (e.g., 12 or 24 hours), that clause governs.

When Entry is Allowed

Repairs or maintenance.
Property showings (near the end of a lease).
Inspections (must be reasonable in frequency).

Tenant Warning

If a landlord enters without consent or valid notice (violating "quiet enjoyment"), you may seek a court order to stop them or break the lease without penalty. Document all unauthorized entries.

5. Rent Control

Does it exist? No.

State Law: North Dakota state law prohibits municipalities from enacting rent control or rent stabilization ordinances (Century Code § 47-19-03).
Major Cities: Fargo, Bismarck, Grand Forks, and Minot follow state law. There are no caps on how much a landlord can increase rent at the end of a lease term, provided proper notice is given.
Notice for Rent Increases: For month-to-month tenancies, landlords must provide at least 30 days' written notice before increasing rent.

6. Special Warning for Landlords

Strict Procedural Compliance is Required

Because North Dakota is Landlord-Friendly, the courts expect you to follow the law to the letter. One mistake can delay the process significantly or get the case dismissed.

Service of Process: You cannot just tape a notice to the door (unless the lease explicitly allows it or you get a court order for substitute service). Notices must be served personally or via certified mail.
Retaliation is Illegal: Do not increase rent or file for eviction in retaliation against a tenant for reporting code violations or joining a tenant union. This is a valid defense in court.
Constructive Eviction: If you fail to maintain the property (e.g., no heat in winter), the tenant may claim "constructive eviction" and leave, potentially suing you for damages.
Abandoned Property: You cannot immediately throw out a tenant's belongings left behind. You must store them for a reasonable time and notify the tenant.

7. Special Warning for Tenants

Eviction Moves Fast—Act Immediately

The 3-day notice for non-payment is not a suggestion; it is a statutory trigger.

The "Pay or Quit" Window: If you receive a 3-day notice, you have exactly three days to pay the full rent or move out. If you pay, you stay. If you do neither, the landlord files for eviction on day 4.
Don't Withhold Rent: North Dakota does not explicitly authorize "rent withholding" for repairs (unlike some states). Withholding rent without a court order is grounds for immediate eviction. Use the legal system or escrow accounts if available, but consult an attorney first.
Document Everything: Take photos of the unit condition upon move-in and move-out. Keep copies of all rent payments and communications with the landlord.
Lease Clauses: Read your lease carefully. North Dakota courts enforce the specific terms written in the lease agreement.

Disclaimer: Not legal advice. Consult an attorney.