North Dakota Landlord-Tenant Law 2026: The Plain-English Guide
- What is the security deposit cap in North Dakota? One month's rent (NDCC 47-16-07.1(1)). Two exceptions allow up to two months' rent: a lessor may accept that amount from an individual convicted of a felony offense as an incentive to rent to that individual, and may…
- How long does a North Dakota landlord have to return a security deposit? Within 30 days after termination of the lease and delivery of possession by the lessee, the lessor must deliver or mail, to the lessee's last address furnished, the itemization of any amount applied, the amount due,…
- What happens if a North Dakota landlord withholds a deposit without justification? The lessor is liable for treble damages for any security deposit money withheld without reasonable justification (NDCC 47-16-07.1(4)) — three times the amount unjustifiably withheld. North Dakota has no rule that a…
North Dakota runs residential rentals mainly out of two chapters of the Century Code: Chapter 47-16 governs leasing, security deposits, entry, repairs, and termination, while Chapter 47-32 runs the eviction action in district court. Housing discrimination sits in Chapter 14-02.5 (the Housing Discrimination Act), alongside the Human Rights Act in Chapter 14-02.4. This guide states the current law, verified against the official statute text published by the North Dakota Legislative Assembly at ndlegis.gov.
Seven corrections and completions to start. First, the deposit penalty is treble damages, not forfeiture: the old page said a landlord who misses the 30-day return deadline "forfeits the right to withhold any portion" of the deposit. Section 47-16-07.1 contains no forfeiture rule. What it says, in subsection 4, is that a lessor is liable for treble damages for any security deposit money withheld without reasonable justification — a different and, on larger deposits, larger exposure. Second, interest is required, with a condition: the old page said "no interest required." Section 47-16-07.1(1) requires the deposit to sit in a federally insured interest-bearing savings or checking account for the benefit of the tenant, and the deposit and any interest accruing must be paid to the lessee on termination — the only carve-out, in subsection 3, is that a lessor is not required to pay interest if the period of occupancy was less than nine months. Third, the pet deposit is a separate charge, not part of the one-month cap, and it is not restricted to pet damage by the statute: subsection 2 authorizes a pet security deposit of up to the greater of $2,500 or two months' rent, for an animal that is not a service animal or a companion animal required as a disability accommodation; subsection 1 separately caps general security at one month's rent, with two narrow two-month exceptions (a lessor may accept up to two months' rent from an individual convicted of a felony offense as an incentive to rent, and may demand up to two months' rent from an individual who has had a judgment entered for violating a previous rental agreement). The old page's instruction to keep pet money in a bucket usable only for pet damage is good bookkeeping, but it is not a rule stated in section 47-16-07.1, and it is corrected here. Fourth, the 3-day eviction notice is not uniform: section 47-32-02 requires three days' written notice of intention to evict only in cases arising under subsections 4, 5, 6, and 8 of section 47-32-01 — holdover and nonpayment, post-sale and post-judgment possession, and material violation of a written lease. The subsection 7 ground (unreasonably disturbing other tenants' peaceful enjoyment) is not on that list, and neither are the forcible-entry grounds in subsections 1 to 3. Fifth, termination notice lives in section 47-16-15, not section 47-16-07: a month-to-month tenancy ends on at least one calendar month's written notice, given at any time, unless the parties agreed in writing to a longer period or a different time; section 47-16-07 is the landlord's separate power to change the terms of a month-to-month lease on written notice at least 30 days before the month expires. Sixth, North Dakota has no general statutory retaliation defense: the old page said courts recognize a retaliatory-eviction defense that can throw a case out and award damages. No such section appears in Chapter 47-16 or Chapter 47-32. What exists is narrower: section 47-16-17.1(10) bars retaliation against a person solely because they exercised the domestic-violence termination right, and section 14-02.4-18 makes retaliation against a person who opposed a discriminatory practice or filed a human-rights complaint itself a discriminatory practice. Seventh, state fair housing does add classes: housing discrimination is governed by Chapter 14-02.5, and section 14-02.5-02 covers race, color, religion, sex, disability, age, familial status, national origin, and status with respect to marriage or public assistance — age, marital status, and public-assistance status are state additions beyond the federal list, contrary to the old page's "no additions" statement. An eighth item is new law: Senate Bill 2238 (2025) created section 47-32-05, on sealing eviction records, covered below.
Disclaimer: this is general information, not legal advice. Local ordinances cannot control rent on private property (section 47-16-02.1) but building and housing codes still set part of the habitability floor under section 47-16-13.1; consult a North Dakota landlord-tenant attorney for your situation.
North Dakota's 3-day notices, one-month deposit cap, and generous pet-deposit allowance are fast-moving pieces — and every neighboring state plays them differently. The 50-State Landlord Law Dataset (CSV + JSON) ($29) puts all 50 states' deposit caps, return deadlines, damage multipliers, and entry-notice rules in one searchable spreadsheet so you can compare and comply without re-reading statutes.
At a glance
| Rule | North Dakota requirement | Citation |
|---|---|---|
| Deposit cap | One month's rent; up to two months' rent only for the two statutory exceptions (felony-conviction incentive; prior rental-agreement judgment) | NDCC 47-16-07.1(1) |
| Holding the money | Federally insured interest-bearing savings or checking account, for the benefit of the tenant | NDCC 47-16-07.1(1) |
| Interest | Deposit and accrued interest paid on termination; no interest required if occupancy was less than nine months | NDCC 47-16-07.1(1), (3) |
| Pet deposit | Separate charge, up to the greater of $2,500 or two months' rent; never for a service animal or a disability-related companion animal | NDCC 47-16-07.1(2) |
| Permitted deductions | Damages from deteriorations or injuries by the lessee's pet or through the negligence of the lessee or guest; unpaid rent; cleaning and repair costs that were the lessee's responsibility, to return the unit to its original state, reasonable wear and tear excepted | NDCC 47-16-07.1(3) |
| Deposit return | Itemization, the amount due, and a written notice stating any amount still due the lessor or the refund due the lessee, delivered or mailed to the lessee's last address furnished, within 30 days after termination of the lease and delivery of possession | NDCC 47-16-07.1(3) |
| Deposit penalty | Treble damages for any deposit money withheld without reasonable justification; no statutory forfeiture rule | NDCC 47-16-07.1(4) |
| Unclaimed amounts | Amounts not claimed within one year of termination are subject to unclaimed-property reporting | NDCC 47-16-07.1(3), 47-30.2-04 |
| Transfer on sale | Deposit and accrued interest transfer to the grantee; the grantor is not relieved of liability until the transfer is made | NDCC 47-16-07.1(5) |
| Condition statement | Landlord must provide a statement describing the condition of the facilities and premises at the time of entering the rental agreement, signed by both parties; it is prima facie proof of condition | NDCC 47-16-07.2 |
| Rent control | A political subdivision may not enact, maintain, or enforce an ordinance controlling rent on private residential or commercial property | NDCC 47-16-02.1 |
| Changing lease terms | Month-to-month: landlord may change terms effective at the expiration of the month on written notice at least 30 days before the month expires; a tenant who receives a change may terminate at the end of the month on at least 25 days' notice | NDCC 47-16-07, 47-16-15(3) |
| Termination notice | Month-to-month: at least one calendar month's written notice, at any time, unless otherwise agreed in writing; unspecified terms: notice at least as long as the term, not exceeding one calendar month | NDCC 47-16-15(1), (2) |
| Late fees and grace | No general statutory late-fee cap or grace period in Chapters 47-16 or 47-32; mobile home parks are capped separately (monthly late fee no more than 10 percent of monthly rent, daily late fee no more than $5 per day) | (verified absence); NDCC 47-10-28(11) |
| Payment-method fees | A landlord may not charge a fee to accept cash, a check, or a money order for rent or any other lease payment | NDCC 47-16-20.1 |
| Entry | Consent-based: notice and consent identifying a time certain for listed purposes, during reasonable hours and in a reasonable manner; consent is presumed from failure to object after notice; entry at any time for emergency, reasonably believed abandonment, or reasonably believed substantial lease violation | NDCC 47-16-07.3 |
| Habitability | Landlord must comply with building and housing codes materially affecting health and safety, keep the premises fit and habitable, keep common areas clean and safe, maintain supplied facilities and appliances, provide waste removal, and supply running water, hot water, and reasonable heat | NDCC 47-16-13.1 |
| Repair remedies | After notice of dilapidations the lessor ought to repair and neglect within a reasonable time: repair and deduct the expense from rent, recover it in any other lawful manner, or vacate and be discharged from further rent and performance; no dollar cap stated | NDCC 47-16-13 |
| Eviction grounds | The eight grounds in section 47-32-01, including holdover, failure to pay rent for three days after it is due, unreasonable disturbance of other tenants, and material violation of a written lease | NDCC 47-32-01 |
| Pre-filing notice | Three days' written notice of intention to evict, required only for grounds under subsections 4, 5, 6, and 8 of section 47-32-01 | NDCC 47-32-02 |
| Summons | Appearance time in the summons may not be fewer than three nor more than fifteen days from issuance; in-county personal service at least three days before the appearance, service elsewhere or in any other mode at least seven days before | NDCC 47-32-02 |
| Judgment and stay | Judgment of immediate restitution if the plaintiff prevails; the court may stay the special execution for a reasonable period not exceeding five days on a showing of substantial hardship, except in disturbance-of-the-peace cases | NDCC 47-32-04 |
| Eviction-record sealing | Sealing available seven years after an eviction order for nonpayment or damage is satisfied, if no other eviction followed; sooner for a domestic-violence victim on the statutory showing | NDCC 47-32-05 (2025) |
| Retaliation | No general statutory retaliatory-eviction defense in Chapters 47-16 or 47-32; specific bars on retaliation for exercising the domestic-violence termination right and for opposing discrimination | NDCC 47-16-17.1(10), 14-02.4-18 |
| Domestic-violence termination | Residential tenant who is a victim of domestic violence, or fears imminent domestic violence, may terminate on advance written notice stating the statutory contents; owes the full termination month plus one additional month's rent, subject to mitigation | NDCC 47-16-17.1 |
| Abandoned property | Property worth $2,500 or less left on the premises may be retained and disposed of without legal process 28 or more days after the lessor received actual notice the lessee vacated, or it reasonably appears the lessee vacated | NDCC 47-16-30.1 |
| Fair housing | State housing classes: race, color, religion, sex, disability, age, familial status, national origin, and status with respect to marriage or public assistance | NDCC 14-02.5-02 |
When the clocks actually start
North Dakota's clocks run from different events, and counting from the wrong one is the classic error. The deposit-return clock runs 30 days from termination of the lease and delivery of possession by the lessee — both events (section 47-16-07.1(3)). The interest question turns on the period of occupancy: under nine months, no interest need be paid; at nine months or more, the interest that accrued in the required interest-bearing account goes to the lessee with the deposit. The nonpayment eviction ground does not exist until the lessee fails to pay rent for three days after the rent is due (section 47-32-01(4)), and the separate three days' written notice of intention to evict must then be given before proceedings are instituted for the grounds that require it (section 47-32-02). The summons clock runs from issuance: the appearance time may not be fewer than three nor more than fifteen days from the date the summons is issued, and service has its own lead times (three days before the appearance for in-county personal delivery, seven days for service elsewhere or in any other mode). A month-to-month termination under section 47-16-15(2) may be given at any time, but it must give at least one calendar month — it is a calendar-month clock, not a count of 30 days from a period end. The landlord's change of terms under section 47-16-07 is different again: written notice at least 30 days before the expiration of the month, effective at that expiration, if the tenant continues to hold the premises. The repair-and-deduct clock in section 47-16-13 runs from the lessee's notice of dilapidations plus the lessor's neglect within a reasonable time after it — the statute fixes no number of days. The abandoned-property clock runs 28 or more days from actual notice that the lessee vacated, or from when it reasonably appears the lessee vacated (section 47-16-30.1).
Worked example, weekday-verified: a tenancy terminates and the tenant delivers possession on Monday, March 2, 2026, leaving an $1,800 deposit (the one-month cap on $1,800 rent) plus a $2,500 pet deposit — within the pet cap, because the greater of $2,500 or two months' rent ($3,600) is $3,600. The itemization, the amount due, and the written notice stating the refund due must be delivered or mailed to the tenant's last address furnished by Wednesday, April 1, 2026. Documented deductions are $650, so the balance owed on the $4,300 held is $3,650, plus any accrued interest if the occupancy lasted nine months or more. A landlord who withholds $900 of that balance without reasonable justification is liable for treble damages on the amount withheld under section 47-16-07.1(4) — the statute's remedy is a multiplier on unjustified withholding, not the forfeiture rule the old page described. Use our Security Deposit Deadline Finder and deductions guide to build the record this arithmetic depends on.
Second worked example, weekday-verified: rent of $1,800 is due Sunday, March 1, 2026 and is not paid. The section 47-32-01(4) ground — failure to pay rent for three days after the rent is due — is complete once Wednesday, March 4, 2026 has passed. The landlord then serves the three days' written notice of intention to evict required by section 47-32-02 for a subsection 4 case; if the notice is served Thursday, March 5, 2026 and the three days run unpaid, the landlord's earliest filing day is Monday, March 9, 2026. A summons issued that day must set the appearance no fewer than three and no more than fifteen days from issuance — between Thursday, March 12, 2026 and Tuesday, March 24, 2026 — and in-county personal service must be made at least three days before whichever appearance date is set.
Third worked example, weekday-verified: either party to a month-to-month tenancy gives written termination notice on Wednesday, April 15, 2026. Section 47-16-15(2) allows notice at any time, provided it gives at least one calendar month, so the tenancy terminates Friday, May 15, 2026, and rent is due and payable to and including that termination date. Contrast the landlord's change-of-terms power: a notice under section 47-16-07 served in April must be given at least 30 days before the month expires to take effect at the expiration of that month, and a tenant who receives it may instead terminate at the end of the month on at least 25 days' notice under section 47-16-15(3).
How much can a North Dakota landlord charge as a security deposit? (NDCC 47-16-07.1)
For the deposit-only treatment, see our North Dakota security deposit law guide.
- Where the money must sit (subsection 1). A lessor who requires money as a security deposit, however denominated, must deposit it in a federally insured interest-bearing savings or checking account for the benefit of the tenant. The deposit and any interest accruing on it must be paid to the lessee upon termination of the lease, subject to the application rules in subsection 3. This section also applies to the state and its political subdivisions when they lease property and require a deposit (subsection 6).
- The cap and its two exceptions (subsection 1). A lessor may not demand or receive security, however denominated, in an amount or value in excess of one month's rent, except that a lessor may accept up to two months' rent from an individual convicted of a felony offense, as an incentive to rent the property to that individual, and may demand up to two months' rent from an individual who has had a judgment entered against that individual for violating the terms of a previous rental agreement. Note the verbs: the felony exception is framed as acceptance, the prior-judgment exception as a demand. Neither exception is a general risk-based surcharge — a landlord who charges two months because an applicant "seems risky," without one of the two statutory predicates, is over the cap.
- The pet deposit is separate (subsection 2). A lessor may charge a pet security deposit for keeping an animal that is not a service animal or a companion animal required by a tenant with a disability as a reasonable accommodation under fair housing laws. The pet deposit may not exceed the greater of $2,500 or an amount equivalent to two months' rent. The subsection states the pet charge as its own authorization with its own ceiling; it does not fold the pet amount into the one-month cap in subsection 1, and it does not say the pet money may be applied only to pet damage. Pet damage is, however, an express deduction category in subsection 3. Keep a separate accounting anyway — it is the record that proves which dollars were pet dollars — and see our pet policy and screening guide.
- The closed deduction list (subsection 3). On termination, the lessor may apply deposit money and accrued interest toward: (a) any damages the lessor has suffered by reason of deteriorations or injuries to the property by the lessee's pet, or through the negligence of the lessee or the lessee's guest; (b) any unpaid rent; and (c) the costs of cleaning or other repairs that were the responsibility of the lessee and are necessary to return the dwelling unit to its original state when the lessee took possession, reasonable wear and tear excepted. A charge that fits none of the three categories does not come out of the deposit, however the lease labels it.
- The return (subsection 3). Application of any portion not paid to the lessee must be itemized by the lessor. The itemization, together with the amount due, must be delivered or mailed to the lessee at the last address furnished to the lessor, along with a written notice, within 30 days after termination of the lease and delivery of possession by the lessee. The notice must contain a statement of any amount still due the lessor or the refund due the lessee. Two closing rules: a lessor is not required to pay interest if the period of occupancy was less than nine months, and amounts not claimed within one year of termination are subject to the unclaimed-property reporting requirements of section 47-30.2-04.
- The penalty is treble damages (subsection 4). "A lessor is liable for treble damages for any security deposit money withheld without reasonable justification." That is the whole penalty text. There is no forfeiture-of-the-right-to-withhold rule, no automatic deadline-only trigger, and no attorney's-fee sentence in this section: the trigger is withholding without reasonable justification, and the measure is three times the money so withheld. A landlord with a documented, justified deduction is in a different position from a landlord who held money back on a hunch — which is why the itemization and the condition record, below, decide these cases.
- The condition statement is mandatory (section 47-16-07.2). A landlord shall provide the tenant with a statement describing the condition of the facilities in and about the premises at the time of entering a rental agreement. The statement must be agreed to and signed by the landlord and the tenant, and it constitutes prima facie proof of the condition of the facilities and premises at the beginning of the agreement. North Dakota is not a "checklist recommended" state; the signed statement is a statutory document with evidentiary effect. Build it with the move-in/move-out inspection checklist and photographs.
- Transfer on sale (subsection 5). On a transfer of ownership, the deposit and accrued interest must be transferred to the grantee of the lessor's interest. The grantor is not relieved of liability until the transfer is made, and the holder of the lessor's interest at termination is bound by the section even if that holder was not the original lessor who received the deposit.
- Fraudulent misrepresentation (section 47-16-07.4). A lease entered into in partial or total reliance on fraudulent misrepresentations may be terminated by the party fraudulently induced, and that party receives back any security deposit made under the lease, together with accrued interest.
Can North Dakota cities impose rent control? (NDCC 47-16-02.1)
- No rent control, by preemption (section 47-16-02.1). A political subdivision may not enact, maintain, or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property. The section does not impair a political subdivision's right to manage and control residential property in which it has a fee title interest. So the old page's "no statewide or local regimes" is right in result, but the reason is a statute, and the government-owned exception is part of it.
- Changing the terms of a month-to-month lease (section 47-16-07). In a lease from month to month, the landlord may change the terms — including the rent — to take effect at the expiration of the month, on notice in writing at least 30 days before the expiration of the month. The notice, when served, operates to create the terms specified in it as part of the lease if the tenant continues to hold the premises after the expiration of the month. Notice may be served in any reasonable manner that actually informs the tenant of the changes. A tenant who does not want the new terms has the section 47-16-15(3) exit: terminate at the end of the month on at least 25 days' notice. See how to raise rent legally.
- No general late-fee cap and no statutory grace period. Chapters 47-16 and 47-32, read in full for this verification, contain no section capping late fees for ordinary residential tenancies and no mandatory grace period: when rent is late, and what fee the lease may charge, are lease questions — but a fee not provided for in the lease is not made enforceable by habit. The one statutory late-fee cap found is for mobile home parks: section 47-10-28(11) bars a park from charging a monthly late fee of more than 10 percent of the monthly rent, and, in addition, a daily late fee of more than $5 per day, and section 47-10-28(12) attaches a civil penalty of not less than $2,500 and not exceeding the greater of $10,000 or actual damages, plus actual attorney's fees and costs, for a violation of that section. Do not import the park cap into an ordinary apartment lease, and do not ignore it in a park. See how to handle late rent.
- No fee for accepting payment (section 47-16-20.1). A landlord may not charge a tenant a fee to accept cash, a check, or a money order for the payment of rent or any other payment required under a lease for real property. Convenience-fee clauses that reach those three payment methods are barred by this section.
- When rent is payable, if the lease is silent (section 47-16-20). Rents of lodgings are payable monthly at the end of each month; other rents are payable quarterly at the end of each quarter from when the lease takes effect; rent for a shorter lease is payable at termination. Most leases displace this default by stating a due date — which is also the date the section 47-32-01(4) three-day nonpayment count runs from.
How much notice is required to end a tenancy in North Dakota? (NDCC 47-16-15)
Section 47-16-15 is the termination-notice code. Section 47-16-07, cited by the old page for termination, governs changing terms, not ending the tenancy.
- Unspecified term (subsection 1). A lease for a term not specified by the parties is deemed renewed as stated in section 47-16-06 at the end of the term implied by law, unless a party gives notice of an intention to terminate at least as long before the expiration of the lease as the term of the hiring itself, not exceeding one calendar month. Applied to the presumptions in section 47-16-19 — renting at a weekly rate is presumed to be for one week, and in the absence of an agreement on the length of the rent period the leasing is presumed monthly — a week-to-week hiring takes a week's notice, and no hiring under this subsection takes more than one calendar month.
- Month-to-month (subsection 2). Unless the parties have otherwise agreed in writing to a longer notice period or a different notice time, either party may terminate the tenancy by giving at least one calendar month's written notice at any time. The rent is due and payable to and including the date of termination. "At any time" is the operational point the old page missed: the notice does not have to be keyed to a period end, but it must actually give a full calendar month.
- Tenant's exit after a change of terms (subsection 3). If the landlord changes the terms under section 47-16-07, the tenant may terminate at the end of the month by giving at least 25 days' notice.
- Longer tenant-notice clauses must be initialed (subsection 4). An agreement that requires a lessee to give notice exceeding one month from the end of a month to terminate a residential lease must state the requirement and provide space for the lessee to initial next to it. If it is not initialed when the lease is executed, the lessee may terminate on the last day of a month with at least one calendar month's notice.
- Converted tenancies (subsection 5). If a lease converts to a month-to-month tenancy under section 47-16-06 or 47-16-06.1, either party may terminate on the last day of a month with at least one calendar month's notice.
- Holdover and automatic renewal (sections 47-16-06 and 47-16-06.1). If a residential lessee remains in possession after expiration and the lessor accepts rent, the parties are presumed to have renewed as a month-to-month tenancy — unless the lease has an automatic renewal clause. For a residential lease of a specified term of two months or more, the lessor may not enforce an automatic renewal clause unless the lessor notified the lessee in writing, delivered personally or by first-class mail, of the automatic renewal provision, not less than 30 days before the expiration date. Without that notice, the lease expires and its terms convert to a month-to-month tenancy.
- Fixed terms end by their own terms (section 47-16-14). A lease terminates at the end of the term agreed upon, by mutual consent, by the lessee's acquiring superior title, or by destruction of the property. The early exits are the statutory ones: the lessee's termination rights in section 47-16-17 (including where the lessor does not fulfill the lessor's obligations within a reasonable time after request), the repair remedies in section 47-16-13, and the domestic-violence termination in section 47-16-17.1.
- Death of a residential lessee (section 47-16-18). On the death of a lessee of real property for residential purposes, at the option of any surviving lessee or of the decedent's estate, the lease terminates on the last day of the month in the month following the death, unless the lease term expires before that time.
What repairs must a North Dakota landlord make? (NDCC 47-16-13.1)
- The landlord's duties (section 47-16-13.1(1)). A landlord of a residential dwelling unit shall: (a) comply with the requirements of applicable building and housing codes materially affecting health and safety; (b) make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (c) keep all common areas in a clean and safe condition; (d) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord; (e) provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste and arrange for their removal; and (f) supply running water and reasonable amounts of hot water at all times and reasonable heat, subject to the exceptions the subdivision states for buildings not required by law to be so equipped, tenant-controlled installations on direct utility connections, and public-utility supply failures. For noncompliance with subdivisions (b) through (f), a reasonable time must be allowed to remedy the noncompliance (subsection 2). Single-family and other dwelling agreements shifting some of these duties to the tenant are permitted only on the good-faith, separate-writing, and consideration conditions in subsections 4 and 5, and performance of such an agreement may not be made a condition of the rental agreement (subsection 6).
- The tenant's duties (section 47-16-13.2). The tenant shall comply with tenant obligations under building and housing codes materially affecting health and safety; keep the occupied part of the premises as clean and safe as conditions permit; periodically remove waste and dispose of it in a clean and safe manner; keep plumbing fixtures as clean as their condition permits; use facilities and appliances in a reasonable manner; not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises, or knowingly permit another person to do so; and conduct themselves, and require guests to conduct themselves, so as not to disturb neighbors' peaceful enjoyment.
- The repair remedies (section 47-16-13). If, within a reasonable time after notice from the lessee of dilapidations which the lessor ought to repair, the lessor neglects to repair, the lessee may: (1) repair the premises and deduct the expense of the repair from the rent; (2) recover the expense in any other lawful manner from the lessor; or (3) vacate the premises, in which case the lessee is discharged from further payment of rent or performance of other conditions. Three limits matter because other states' versions have them and North Dakota's does not, on the text read: the section states no dollar cap on a repair-and-deduct, no prescribed form of notice (the old page's certified-mail instruction is a record-keeping practice, not a statutory precondition — a dated written notice you can prove is the practical standard), and no small-claims-only limit on recovery — "any other lawful manner" is broader than the old page's small-claims framing. The precondition that does exist is real: notice of the dilapidation, and neglect for a reasonable time after it. A tenant who deducts without giving notice first has skipped the step the remedy is built on, and a landlord who receives that notice should treat it as the start of the only clock in the section. See how to handle maintenance requests.
- Enforcement, mitigation, and unconscionability (sections 47-16-13.3 to 47-16-13.6). A court that finds a residential rental agreement or a provision of it unconscionable when made may refuse to enforce it, enforce the remainder, or limit the provision's application (section 47-16-13.3). After termination, the landlord has a claim for possession and rent and a separate claim for actual damages for breach (section 47-16-13.4). Any party aggrieved under sections 47-16-13.1 through 47-16-13.6 may recover appropriate damages, but has a duty to mitigate (section 47-16-13.5). Rights and actions under those sections are enforceable by action, and the court may award reasonable attorney's fees to the prevailing party (section 47-16-13.6). An evicted lessee remains liable for rent for the remainder of the term, subject to the landlord's duty to mitigate (section 47-16-13.7).
When can a North Dakota landlord enter a rented unit? (NDCC 47-16-07.3)
North Dakota's entry rule is consent-based, and the statute is specific about what consent means.
- Entry at any time (subsection 1). A landlord may enter the dwelling unit at any time in case of emergency, or if the landlord reasonably believes the tenant has abandoned the premises, or reasonably believes the tenant is in substantial violation of the provisions of the lease or rental agreement. "Reasonably believes" is the standard — document the facts supporting the belief before you go in, because a belief with no facts behind it is not the belief the statute protects.
- Entry with notice and consent (subsection 2). Otherwise, entry is allowed only during reasonable hours, and in a reasonable manner, for the purpose of inspecting the premises; making necessary or agreed repairs, decorations, alterations, or improvements; supplying necessary or agreed services; or exhibiting the unit to actual or potential purchasers, insurers, mortgagees, real estate agents, tenants, workmen, or contractors. Unless it is impractical to do so, the landlord shall first notify and receive the consent of the tenant, which shall not be unreasonably withheld, and the consent shall identify a time certain. A landlord shall not abuse the right of access or use it to harass or intimidate the tenant.
- Presumed consent (closing paragraph). Consent is presumed from failure to object to access after notice of intent to enter at a time certain has been given. Notice may be given by personal service, by posting the notice in a conspicuous place in or about the dwelling unit for a reasonable period of time, or by any other method that results in actual notice to the tenant. The old page's "silence counts as implied consent" was close; the statute's term is presumed consent, and it attaches only after notice identifying a time certain by one of the listed methods.
- Practical rule. The statute sets no hour count. Giving written notice identifying a specific time — 24 hours ahead is the common practice, stated here as practice, not law — by a method that results in actual notice, and logging any objection, satisfies the section in virtually every routine case. Repeated entries outside the listed purposes, or entries used to pressure a tenant, run into the abuse-and-harassment bar in the same section.
How does eviction work in North Dakota? (NDCC 47-32-01 to 47-32-05)
North Dakota's eviction action is brought in district court. It is fast by design, and every stage has a statutory rule the old page flattened.
1. The eight grounds (section 47-32-01). An eviction action to recover possession is maintainable when: (1) a party, by force, intimidation, fraud, or stealth, has entered on the prior actual possession of another and detains it; (2) a party, after peaceably entering, turns out by force, threats, or menacing conduct the party in possession; (3) a party, by force or by menaces and threats of violence, unlawfully holds possession, whether the possession was acquired peaceably or otherwise; (4) a lessee, in person or by subtenant, holds over after the termination of the lease or expiration of the term, or fails to pay rent for three days after the rent is due; (5) a party continues in possession after a sale of the property under mortgage, execution, order, or judicial process, after the redemption period, deed delivery, or cancellation of a contract for deed; (6) a party continues wrongfully in possession after a judgment in partition or a sale under a court order or decree; (7) a lessee, or a person on the premises with the lessee's consent, acts in a manner that unreasonably disturbs other tenants' peaceful enjoyment of the premises; or (8) the lessee violates a material term of the written lease agreement.
2. The pre-filing notice covers only four of the grounds (section 47-32-02). In all cases arising under subsections 4, 5, 6, and 8, three days' written notice of intention to evict must be given to the lessee, subtenant, or party in possession before proceedings can be instituted. Ground (7), unreasonable disturbance, is not on the list, and neither are grounds (1) to (3). The North Dakota Legal Self Help Center's tenant guide states the same split: the landlord is not required to serve a 3-day notice when the ground does not include one of the listed grounds. The notice may be served and returned as a summons is served and returned or, if the party cannot be found, by the sheriff or a process server posting the notice conspicuously upon the premises. The statute states no cure right in the notice: for nonpayment, the court's Form 1a frames the choice as pay the total amount due or move out and deliver possession within the three days — that is the form's structure, and it is why the amount stated must be exactly the rent past due. Draft every notice with exact amounts and specific breaches, and keep rent ledgers current. See our lease agreement guide.
3. The summons clock (section 47-32-02). The time specified in the summons for the defendant's appearance may not be fewer than three nor more than fifteen days from the date the summons is issued. Service by delivery of a copy to the defendant in person within the county must be made at least three days before the time fixed for appearance; service elsewhere, or personal service in any other mode, must be made at least seven days before. Posting the summons on the door of the residential unit is available only on the section's conditions: the person cannot be found in the county (the sheriff's or process server's return is prima facie proof), service has been attempted at least once between 6 p.m. and 10 p.m., an affidavit of the plaintiff or the plaintiff's attorney states the defendant cannot be found or is believed not to be in the state, and a copy of the summons has been mailed to the defendant's last-known address, if one is known.
4. What may be joined, and judgment (section 47-32-04). An eviction action cannot be brought in connection with any other action, except for rents and profits accrued or for damages arising by reason of the defendant's possession. No counterclaim may be interposed except as a setoff to a demand for damages or for rents and profits. If the court finds for the plaintiff, it enters judgment that the plaintiff have immediate restitution of the premises. On a showing that immediate restitution would work a substantial hardship on the defendant or the defendant's family, the court may stay the special execution for a reasonable period, not to exceed five days — except where the judgment is based in whole or in part on a disturbance of the peace, where no stay is available.
5. Execution. Removal is by the court process — the Legal Self Help Center's landlord packet includes a Writ of Eviction form — executed by law enforcement, not by the landlord. Only the courts remove tenants: no lockouts, no utility shutoffs, no removing belongings yourself, at any stage. North Dakota has no seasonal or winter eviction moratorium in Chapter 47-32.
6. Mobile home park defense (section 47-32-01.1). In an eviction against a mobile home park tenant, the tenant may present a defense that the landlord violated a provision of section 47-10-28; if the court finds a violation, it may not order an eviction. In a later proceeding between the same parties, only violations arising after the prior order, or unknown to the court at that time, may be raised.
7. The forms, accurately described. The North Dakota Legal Self Help Center (ndcourts.gov) publishes an eviction packet for landlords — instructions, the two notices of intention to evict (Form 1a for rent or possession and Form 1b), summons, complaint, findings and order, judgment, affidavit of identification, statement of costs, and writ of eviction — and a parallel guide for tenants. The Center's own disclaimer, which the old page omitted, is that these forms are not official court forms and courts are not required to accept them; they are the best starting templates available, not a guarantee. A second limit on the same page: if the property is owned by a legal entity such as a corporation or limited liability company, non-lawyers may not represent the entity in an eviction — only a North Dakota-licensed lawyer can, and documents signed by a non-lawyer agent of an entity are void. Individual landlords may use the packet; entity landlords need counsel. The full process, in plain English, is in how to evict a tenant.
Retaliation: what North Dakota law does and does not say
The old page told landlords that North Dakota courts recognize a retaliatory-eviction defense that can throw a case out and award the tenant damages. That statement is not supported by the statute text read for this verification, and it is withdrawn here. Chapters 47-16 and 47-32 contain no general anti-retaliation section — no list of protected tenant acts, no look-back window, and no retaliation defense to an eviction action of the kind, for example, North Carolina codifies. National references that track state retaliation statutes likewise list North Dakota as having no statute on the subject. What North Dakota law does contain is specific, and it should not be inflated into a general rule:
- Domestic-violence termination (section 47-16-17.1(10)). A person may not refuse to rent, refuse to negotiate for the rental of, or in any other manner make unavailable or deny a dwelling to an individual, or otherwise retaliate in the rental of a dwelling, solely because a tenant or applicant, or a household member, exercised the right to terminate a lease under that section. A violation is actionable under subsection 11, below.
- Human-rights retaliation (section 14-02.4-18). It is a discriminatory practice to engage in threats, retaliation, or discrimination against a person who has opposed an unlawful discriminatory practice or who, in good faith, has filed a complaint, testified, assisted, or participated in an investigation, proceeding, hearing, or litigation under Chapter 14-02.4. Section 14-02.5-45(2) likewise makes it a discriminatory practice to coerce, intimidate, threaten, or interfere with an individual in the exercise or enjoyment of rights granted or protected by the Housing Discrimination Act.
- The practical residue. Absence of a general statute is not a license: timing an eviction or a non-renewal to a tenant's repair complaint still hands the tenant a factual argument, invites scrutiny under the two specific provisions above if the complaint touched discrimination or domestic violence, and damages the landlord's credibility on the grounds that do exist in section 47-32-01. Document a legitimate, independent reason for every adverse action — as risk management, not because a retaliation section compels it.
Early termination for domestic violence (NDCC 47-16-17.1)
The operative provision is section 47-16-17.1, in Chapter 47-16 — not Chapter 14-07.1, which supplies the definition of domestic violence the section borrows. Chapter 14-07.1 matters here, but as the definition source, and the old page's citation is corrected accordingly.
- Who may terminate (subsection 1). A tenant to a residential lease who is a victim of domestic violence as defined in section 14-07.1-01, or who fears imminent domestic violence against the tenant or the tenant's minor children if they remain in the leased premises, may terminate the lease agreement as provided in the section, without penalty or liability.
- The notice (subsections 2 and 3). The tenant must provide advance written notice stating: (a) the tenant fears imminent domestic violence from a person named in a court order, an order prohibiting contact, or a civil protection order under Chapter 14-07.7, or other record filed with a court; (b) the tenant needs to terminate the tenancy; and (c) the specific date the tenancy will terminate. The notice must be delivered by mail, facsimile communication, or in person before the termination of the tenancy.
- Confidentiality (subsection 4). A landlord may not disclose information provided by a tenant documenting domestic violence under this section. The information may not be entered into a shared database or provided to any person, but may be used as evidence in an eviction proceeding, in a claim for unpaid rent or damages arising out of the tenancy, or as otherwise required by law.
- What the departing tenant owes (subsections 5 to 7). The tenant is responsible for the rent payment for the full month in which the tenancy terminates and an additional amount equal to one month's rent, subject to the landlord's duty to mitigate. The tenant is relieved of any other contractual obligation for rent or other charges for the remaining term, except as the section provides, and remains liable for delinquent, unpaid rent or other amounts owed before the termination (subsection 6). The tenancy, including the right of possession, terminates on the date stated in the notice, and the additional one month's rent must be paid on or before the termination of the tenancy for the tenant to be relieved of the remaining-term obligations (subsection 7).
- The deposit clock is re-triggered (subsection 8). For a tenancy terminated under this section, the timing for payment of the security deposit under section 47-16-07.1 is triggered by: (a) if the only tenant, including the tenant's minor children, is the victim, the first day of the month following the date the tenant vacates; or (b) if there are additional tenants bound by the lease, the expiration of the lease. Do not run the ordinary termination-and-possession clock on a domestic-violence file without checking which trigger applies.
- Remaining tenants and the anti-retaliation rule (subsections 9 and 10). The release of one tenant does not end the tenancy for any remaining tenants, who continue bound. And, as noted above, a person may not refuse to rent to, or otherwise retaliate against, an individual solely because the individual or a household member exercised the termination right in this section.
- Remedies for a violation (subsection 11). In an action for a violation of this section, the court may award statutory damages of $1,000, and may also award actual damages, reasonable attorney's fees, costs, and disbursements.
Abandoned property (NDCC 47-16-30.1)
Property with a total estimated value of not more than $2,500 which is left on the premises of a leased dwelling may be retained by the lessor and disposed of without legal process, 28 or more days after the lessor received actual notice that the lessee has vacated, or 28 or more days after it reasonably appears to the lessor that the lessee has vacated. The lessor is entitled to the proceeds from the sale of the property, and may recover, from the lessee's security deposit, any storage and moving expenses in excess of the proceeds incurred in disposing of it. If the lessor removes abandoned property after an eviction judgment has been obtained and the special execution has been served, the lessor has a lien on the property for the reasonable amount of storage and moving expenses and may retain possession until the charges are paid; the lien does not have priority over a prior perfected security interest. The $2,500 ceiling is the trap: property reasonably estimated above it is outside this self-help disposal rule, and the 28-day count runs from notice or reasonable appearance of vacating — not from the last rent payment.
Discrimination (NDCC 14-02.5 and 14-02.4)
Housing discrimination in North Dakota is governed by the Housing Discrimination Act, Chapter 14-02.5 — the housing sections formerly in the Human Rights Act (sections 14-02.4-12 and 14-02.4-12.1) were repealed, in 1999 and 2001 respectively, when the housing code was moved. Citing Chapter 14-02.4 alone for a housing rule, as the old page did, cites a chapter whose housing provisions no longer exist.
- Sale and rental (section 14-02.5-02). A person may not refuse to sell or rent after the making of a bona fide offer, refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to an individual, and may not discriminate in the terms, conditions, or privileges of sale or rental or in the provision of services or facilities, because of race, color, religion, sex, disability, age, familial status, national origin, or status with respect to marriage or public assistance. Against the federal Fair Housing Act's seven classes, North Dakota adds age, status with respect to marriage, and status with respect to public assistance — and "status with regard to public assistance" is defined in section 14-02.4-02 to include being a tenant receiving federal, state, or local subsidies, including rental assistance or rent supplements. A blanket refusal of voucher holders is therefore a state-law problem in North Dakota even though it is not a federal one.
- Disability (Chapter 14-02.5). Discrimination includes refusing to permit, at the disabled individual's expense, a reasonable modification of premises the individual occupies or will occupy, where the modification may be necessary for full enjoyment (a landlord may, where reasonable, condition a rental modification on restoring the interior, reasonable wear and tear excepted); refusing to make a reasonable accommodation in rules, policies, practices, or services where necessary for equal opportunity to use and enjoy a dwelling; and the accessible design-and-construction requirements for covered multifamily dwellings. The service-animal rules in sections 47-16-07.5 and 47-16-07.6 sit alongside this: a landlord may require reliable supporting documentation for an assistance animal in a no-pets property only on the conditions section 47-16-07.5 states, may not require it where the disability or need is readily apparent or already known, and a pet deposit may never be charged for such an animal (section 47-16-07.1(2)). Knowingly making a false disability claim or furnishing fraudulent documentation to obtain the accommodation is an infraction, and on a guilty plea or conviction the lessor may evict and is entitled to a damage fee of not more than $1,000 (section 47-16-07.6).
- Enforcement. The North Dakota Department of Labor and Human Rights enforces both Chapter 14-02.4 and Chapter 14-02.5. Retaliation against a person for opposing a discriminatory practice or participating in a proceeding is itself a discriminatory practice (sections 14-02.4-18 and 14-02.5-45(2)), and force or threat of force used to interfere with a person's housing rights because of a protected class is a class A misdemeanor (section 14-02.5-45(1), (3)).
Use identical written screening criteria for every applicant, document every decision, and make no exceptions you cannot explain from the file. Our fair housing guide covers what you can and can't ask.
What the Legislature has — and has not — done
- Enacted in 2025: eviction-record sealing (Senate Bill 2238, 69th Legislative Assembly). The Act created a new section to Chapter 47-32, now codified as section 47-32-05. A person subject to a court order for eviction for nonpayment of rent or damage to the leased premises, who has resolved all nonpayment and damage claims, may move to have all court records relating to the eviction proceedings sealed seven years after the order for eviction has been satisfied, provided the person has not been evicted from another property during the seven years following the eviction. A domestic-violence victim who was evicted from the tenancy because of a domestic-violence incident may move to seal the records on the conviction of the assailant for domestic violence or the issuance of a disorderly conduct restraining order, sexual assault restraining order, or domestic violence protection order against the assailant — with no seven-year wait on the text. For landlords, the operational consequence is in screening: a sealed record is a record you will not see, and an old eviction judgment is no longer a permanent screening fact in North Dakota.
- Standing structure unchanged. The deposit code in section 47-16-07.1 (one-month cap, the two two-month exceptions, the separate pet ceiling, the 30-day itemization, treble damages for unjustified withholding), the one-calendar-month termination rule in section 47-16-15, the repair remedies in section 47-16-13, and the four-ground limit on the 3-day notice in section 47-32-02 were all read in the current official text for this verification, and no enacted 2025 or 2026 amendment changing those numbers was found in that text. A 2025 proposal discussed in tenant-advocacy materials — increasing the three-day notice to ten days and requiring resource information in the notice — was a drafted proposal, not the vehicle that became law; the notice remains three days.
- Not law, however often repeated: there is no forfeiture rule for a late deposit return (the remedy is treble damages for unjustified withholding), no general retaliatory-eviction defense, no statutory late-fee cap or grace period for ordinary tenancies, no hour-based entry notice, and no rule in section 47-16-07.1 restricting a pet deposit to pet damage alone. Guides stating any of those for North Dakota are importing another state's rules — several of them were on this page before this verification, and they are removed.
The North Dakota compliance checklist
1. Price the deposit inside section 47-16-07.1(1). One month's rent, unless one of the two statutory predicates for up to two months is documented in the file — a felony conviction the higher amount is accepted as an incentive for, or a judgment against the applicant for violating a previous rental agreement.
2. Price the pet deposit separately, and never for an assistance animal. Up to the greater of $2,500 or two months' rent under subsection 2, for an animal that is not a service animal or a disability-related companion animal — and keep a separate accounting for the pet dollars.
3. Put the money in the right account on day one. A federally insured interest-bearing savings or checking account, for the benefit of the tenant (subsection 1) — and diary the occupancy: at nine months or more, the accrued interest goes to the tenant with the deposit.
4. Sign the condition statement at move-in. The section 47-16-07.2 statement describing the condition of the facilities and premises, agreed to and signed by both parties, with photographs — it is prima facie proof of condition, and it is what decides damage versus wear and tear at move-out.
5. Write the lease inside the statutes that have no lease workaround. No fee for accepting cash, a check, or a money order (section 47-16-20.1); any tenant-notice period longer than one month from the end of a month must be stated with space for the tenant to initial it (section 47-16-15(4)); an automatic-renewal clause in a term of two months or more is unenforceable without the written renewal notice at least 30 days before expiration (section 47-16-06.1).
6. Diary the termination notice as a calendar month. At least one calendar month's written notice for a month-to-month tenancy, given at any time, with rent payable through the termination date (section 47-16-15(2)) — and keep it distinct from the 30-day change-of-terms notice in section 47-16-07.
7. Log every repair notice the day it arrives. It starts the reasonable-time count in section 47-16-13, after which the tenant may repair and deduct, recover the expense another way, or vacate discharged from rent — with no dollar cap in the section to fall back on.
8. Enter only on the section 47-16-07.3 rails. Notice identifying a time certain and consent (presumed if the tenant does not object after proper notice) for the listed purposes, during reasonable hours and in a reasonable manner; immediate entry only for an emergency, reasonably believed abandonment, or reasonably believed substantial violation — with the facts behind the belief written down.
9. Check the ground before you serve the eviction notice. Three days' written notice of intention to evict is required only for grounds (4), (5), (6), and (8) of section 47-32-01; state the exact rent past due or the specific material breach, serve it as a summons is served or by conspicuous posting if the party cannot be found, and set the summons appearance three to fifteen days from issuance with the section 47-32-02 service lead times met.
10. Run the deposit close-out on the 30-day clock, and close the file. Itemization, amount due, and the written notice stating the amount still due or the refund due, delivered or mailed to the tenant's last furnished address within 30 days after termination and delivery of possession (section 47-16-07.1(3)); deductions only from the three statutory categories; on any sale, transfer the deposit and accrued interest to the grantee (subsection 5). In a treble-damages regime, an unjustified withholding is the most expensive line in the file.
The bottom line
North Dakota is built for speed, but the speed has conditions the old summaries skipped. The eviction track is genuinely quick — a nonpayment ground that matures three days after the due date, a three-day notice for the four grounds that require one, and a summons returnable three to fifteen days from issuance — and there is no rent control, no statutory late-fee cap for ordinary tenancies, and no general retaliation defense. But the deposit code is a treble-damages regime with a mandatory interest-bearing account, a signed condition statement with evidentiary effect, a one-month cap with only two narrow exceptions, and a separate pet ceiling that is easy to misprice in both directions. Add a calendar-month termination rule that is not a 30-day rule, a repair-and-deduct remedy with no dollar cap, a consent-based entry code with presumed consent, a domestic-violence termination with its own deposit clock and a $1,000 statutory-damages remedy, state fair-housing classes that go beyond the federal list, and a 2025 sealing law that ages eviction records out of screening. Owners who run the clocks exactly as Chapters 47-16 and 47-32 write them will find North Dakota efficient; owners working from generic forms will find sections 47-16-07.1, 47-16-15, and 47-32-02 waiting in the deposit, termination, and notice sections.
FAQ
What is the security deposit cap in North Dakota?
One month's rent (NDCC 47-16-07.1(1)). Two exceptions allow up to two months' rent: a lessor may accept that amount from an individual convicted of a felony offense as an incentive to rent to that individual, and may demand it from an individual who has had a judgment entered for violating a previous rental agreement. A separate pet security deposit may be charged on top of the cap, up to the greater of $2,500 or two months' rent (subsection 2). See our North Dakota security deposit law guide for the full deposit treatment. Check a proposed general deposit against that one-month cap with our Security Deposit Max Checker.
How long does a North Dakota landlord have to return a security deposit?
Within 30 days after termination of the lease and delivery of possession by the lessee, the lessor must deliver or mail, to the lessee's last address furnished, the itemization of any amount applied, the amount due, and a written notice stating any amount still due the lessor or the refund due the lessee (NDCC 47-16-07.1(3)). Amounts not claimed within one year of termination are subject to unclaimed-property reporting.
What happens if a North Dakota landlord withholds a deposit without justification?
The lessor is liable for treble damages for any security deposit money withheld without reasonable justification (NDCC 47-16-07.1(4)) — three times the amount unjustifiably withheld. North Dakota has no rule that a late or defective return automatically forfeits the landlord's right to withhold; the statutory trigger is withholding without reasonable justification, which is why the documented deduction and the signed condition statement matter.
Does a North Dakota landlord have to pay interest on a security deposit?
The deposit must be held in a federally insured interest-bearing savings or checking account for the benefit of the tenant, and the deposit and any interest accruing must be paid to the lessee on termination (NDCC 47-16-07.1(1)) — except that a lessor is not required to pay interest if the period of occupancy was less than nine months (subsection 3).
Is the pet deposit part of the one-month cap in North Dakota?
No. Section 47-16-07.1(2) authorizes the pet security deposit as a separate charge with its own ceiling — the greater of $2,500 or two months' rent — for an animal that is not a service animal or a companion animal required as a disability accommodation. The statute does not fold the pet amount into the subsection 1 cap, and it does not restrict the pet money to pet damage alone, although pet-caused damage is an express deduction category in subsection 3.
How much notice is required to end a month-to-month tenancy in North Dakota?
At least one calendar month's written notice, which either party may give at any time, unless the parties agreed in writing to a longer period or a different notice time (NDCC 47-16-15(2)). Rent is due and payable to and including the termination date. That is a different rule from the landlord's power to change lease terms under section 47-16-07, which takes written notice at least 30 days before the month expires.
What notice is required before filing for eviction in North Dakota?
Three days' written notice of intention to evict, before proceedings are instituted — but only for cases arising under subsections 4, 5, 6, and 8 of section 47-32-01 (holdover and nonpayment, post-sale and post-judgment possession, and material violation of a written lease) (NDCC 47-32-02). The subsection 7 ground, unreasonably disturbing other tenants' peaceful enjoyment, is not on the notice list. For nonpayment, the underlying ground itself requires that the tenant have failed to pay rent for three days after the rent was due (section 47-32-01(4)). To map the full clock from that 3-day notice through the summons appearance window of 3 to 15 days from issuance under section 47-32-02 to the judgment's immediate restitution (with any hardship stay capped at five days under section 47-32-04), use the Eviction Timeline Calculator.
Can a North Dakota tenant repair and deduct?
Yes. If the lessor neglects, within a reasonable time after notice from the lessee of dilapidations the lessor ought to repair, to make the repair, the lessee may repair the premises and deduct the expense from the rent, recover the expense in any other lawful manner, or vacate and be discharged from further rent and performance (NDCC 47-16-13). The section states no dollar cap and no prescribed form of notice; the notice and the reasonable time are the preconditions.
How much notice must a North Dakota landlord give before entering?
No hour count is set by statute. Under NDCC 47-16-07.3, routine entry requires, unless impractical, that the landlord first notify and receive the tenant's consent — which may not be unreasonably withheld — identifying a time certain, during reasonable hours and in a reasonable manner, for the purposes the section lists. Consent is presumed from failure to object after notice of intent to enter at a time certain, given by personal service, conspicuous posting for a reasonable period, or any method resulting in actual notice. Entry at any time is allowed only for an emergency, reasonably believed abandonment, or reasonably believed substantial lease violation.
Is there a retaliatory-eviction defense in North Dakota?
There is no general statutory retaliatory-eviction defense in Chapters 47-16 or 47-32. The specific protections are narrower: section 47-16-17.1(10) bars refusing to rent to, or otherwise retaliating against, a person solely because they exercised the domestic-violence termination right, and section 14-02.4-18 makes retaliation against a person who opposed a discriminatory practice or participated in a human-rights proceeding itself a discriminatory practice.
Can a domestic-violence victim end a North Dakota lease early?
Yes, under NDCC 47-16-17.1. A residential tenant who is a victim of domestic violence, or fears imminent domestic violence against the tenant or the tenant's minor children, may terminate on advance written notice stating the fear (from a person named in a court order, an order prohibiting contact, a civil protection order under Chapter 14-07.7, or another court record), the need to terminate, and the specific termination date, delivered by mail, facsimile, or in person before the termination. The tenant owes the full month in which the tenancy terminates plus one additional month's rent, subject to the landlord's duty to mitigate, and is then relieved of remaining-term obligations; the landlord may not disclose the documentation, and may not retaliate against the tenant for exercising the right.
What protected classes does North Dakota fair housing law add?
Beyond the federal classes, the state Housing Discrimination Act (NDCC 14-02.5-02) adds age, status with respect to marriage, and status with respect to public assistance — the full state list for sale or rental is race, color, religion, sex, disability, age, familial status, national origin, and status with respect to marriage or public assistance. Public-assistance status includes receiving rental assistance or rent supplements, so a blanket refusal of voucher holders is a state-law problem in North Dakota.
Primary sources
All sources were read for this verification in the official statute text published by the North Dakota Legislative Assembly, in the official court materials noted, or in the mirrors noted; every URL below returned the text relied on during the verification run unless a mirror is noted.
- Chapter 47-16 — Leasing of Real Property (North Dakota Legislative Assembly, ndlegis.gov) — the official chapter text read for this verification: sections 47-16-02.1, 47-16-06, 47-16-06.1, 47-16-07, 47-16-07.1, 47-16-07.2, 47-16-07.3, 47-16-07.4, 47-16-07.5, 47-16-07.6, 47-16-13, 47-16-13.1, 47-16-13.2, 47-16-13.3 to 47-16-13.7, 47-16-14, 47-16-15, 47-16-17, 47-16-17.1, 47-16-18, 47-16-19, 47-16-20, 47-16-20.1, and 47-16-30.1.
- Chapter 47-32 — Eviction (North Dakota Legislative Assembly, ndlegis.gov) — the official chapter text read for this verification: the eight grounds in section 47-32-01, the mobile-home-park defense in section 47-32-01.1, the summons and three-day-notice rules in section 47-32-02, the joinder, judgment, and five-day stay rules in section 47-32-04, and the sealing rules in section 47-32-05.
- Senate Bill 2238, 69th Legislative Assembly (North Dakota Legislative Assembly, ndlegis.gov) — the 2025 Act creating the eviction-record sealing section now codified at section 47-32-05.
- Eviction for Landlords (North Dakota Court System, Legal Self Help Center) — the official court page listing the eight grounds, the landlord eviction packet (Forms 1a and 1b, summons, complaint, judgment, and writ of eviction), the disclaimer that the Center's forms are not official court forms, and the bar on non-lawyer representation of legal entities.
- Notice of Intention to Evict — Demand for Rent or Possession, Form 1a (North Dakota Court System, Legal Self Help Center) — the court's three-day notice template, revised February 2024, framing the nonpayment choice as payment of the total amount due or delivery of possession within three days of service.
- Eviction for Tenants (North Dakota Court System, Legal Self Help Center) — the official tenant guide confirming that the 3-day notice is required for some grounds only, and that an eviction requires a district court order.
- Chapter 14-02.4 — Human Rights (Justia, 2025 North Dakota Century Code) — mirror of the Human Rights Act, cross-checked for the section 14-02.4-01 policy classes, the section 14-02.4-02 definitions of age and status with regard to public assistance, the repeal of the former housing sections 14-02.4-12 and 14-02.4-12.1, and the retaliation bar in section 14-02.4-18.
- N.D. Cent. Code section 47-16-07.1 (FindLaw) — mirror of the deposit section, cross-checked against the official text for the one-month cap, the two exceptions, and the pet-deposit ceiling.
- N.D. Cent. Code section 47-16-17.1 (FindLaw) — mirror of the domestic-violence termination section, cross-checked against the official text.
- N.D. Cent. Code section 47-10-28 (FindLaw) — mirror of the mobile-home-park section, read for the boldfaced eviction-notice language in subsection 10, the late-fee caps in subsection 11, and the civil penalty in subsection 12.
- N.D. Cent. Code section 14-02.5-45 (FindLaw) — mirror of the Housing Discrimination Act's interference section, read for the full housing class list (including age, familial status, and status with respect to marriage or public assistance), the coercion bar in subsection 2, and the class A misdemeanor in subsection 3.
- State Landlord Retaliation Laws (Nolo) — secondary reference listing North Dakota as "No statute" on landlord retaliation, consistent with the absence of a general retaliation section in the Chapter 47-16 and 47-32 text read for this verification.
More landlord-tenant law guides
- Landlord-tenant law by state
- North Carolina landlord-tenant law
- Ohio landlord-tenant law
- New York landlord-tenant law
- Oklahoma landlord-tenant law
This is general information, not legal advice. Consult a North Dakota landlord-tenant attorney for specific situations.