North Dakota Landlord Tenant Laws [2025]

North Dakota Landlord-Tenant Law

North Dakota is commonly considered a landlord-friendly state. The state does not impose rent control, has no statutory limits on late fees, and gives landlords flexibility when setting general lease terms. With a relatively low cost of living and a growing rental market in cities like Fargo and Bismarck, many people view North Dakota as a favorable place to invest in rental property.

However, landlords in North Dakota are still required to follow a range of federal, state, and local laws that govern rental housing. These include laws on lease agreements, rent collection, security deposits, habitability, evictions, and fair housing practices. Whether you’re a new property owner or a seasoned landlord, it’s important to understand these laws before drafting lease policies or taking action against a tenant.

You can find North Dakota’s rental laws in the North Dakota Century Code. Keep in mind that laws are subject to change, and this article is not comprehensive. This article focuses specifically on North Dakota state laws, so it's important to remember that individual cities or counties may enforce additional rental regulations. If you have specific legal questions or are involved in a tenant dispute, consult a qualified attorney with experience in North Dakota real estate law.

Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and many not be the most up-to-date information.

NEW! 2025 North Dakota Rental Laws

The following new rental laws passed in North Dakota in recent years:

• Eviction record sealing protections (SB 2238): Signed into law in March 2025, Senate Bill 2238 introduces provisions allowing tenants to petition for the sealing of eviction records under two specific circumstances. Tenants evicted due to nonpayment of rent or property damage can apply to have their eviction records sealed seven years after satisfying the eviction judgment, provided they have not faced another eviction during that period. Tenants evicted as a result of domestic violence can request immediate sealing of their eviction records if the perpetrator has been convicted or is subject to a court-issued restraining order.

North Dakota Quick Facts

Rights and Responsibilities of North Dakota Landlords and Tenants

North Dakota landlords and tenants both have clearly defined rights and responsibilities under state law. Landlords must provide habitable housing and maintain the property, while tenants are responsible for paying rent on time and taking care of the unit. These duties are outlined in the lease agreement and regulated by North Dakota Century Code Chapter 47-16.

Below is an overview of the rights and responsibilities for both landlords and tenants in North Dakota.

North Dakota landlords have the right to:

• Collect rent as agreed upon in the lease.
• Hold a security deposit, typically no more than one month’s rent, or two months for tenants with felonies or poor credit.
• Deduct from the deposit for damages beyond normal wear and tear, unpaid rent, or lease violations.
• Screen tenants using background, credit, and rental history checks, as long as the process is nondiscriminatory.
• Enter the property for repairs, inspections, or showings with reasonable notice.
• Pursue legal eviction for nonpayment of rent, lease violations, or illegal activity.
• Set rules regarding guests, pets, smoking, or noise, as long as they comply with state and federal law.

North Dakota landlords are responsible for:

• Maintaining the property in a safe, livable condition.
• Keeping major systems in working order, such as plumbing, heating, and electricity.
• Complying with all codes applying to health, safety, and building needs.
• Making necessary repairs within a reasonable timeframe after notice.
• Providing reasonable notice before entering the unit, as 24 hours is standard practice.
• Following proper legal procedures during eviction, including written notice and a court order.
• Returning the security deposit within 30 days after the tenant moves out, along with an itemized list of any deductions.

North Dakota tenants have the right to:

• Live in a clean unit that is considered safe and habitable.
• Request repairs and have them completed within a reasonable timeframe.
• Enjoy privacy and quiet enjoyment of the property.
• Receive proper notice before entry, rent increases, or lease changes.
• Take legal action if the landlord fails to meet responsibilities or engages in harassment or discrimination.
• Be protected from retaliatory actions for asserting their rights, such as reporting code violations.

North Dakota tenants are responsible for:

• Paying rent on time and in full.
• Keeping the unit clean and in good condition.
• Avoiding damage beyond normal wear and tear.
• Reporting maintenance issues promptly.
• Respecting lease terms regarding pets, guests, and noise.
• Notifying the landlord properly when ending a lease.
• Using the unit for lawful purposes only and not engaging in illegal activity.

North Dakota Required Disclosures

Before entering into a lease, North Dakota landlords must provide tenants with certain disclosures to ensure transparency and legal compliance. These disclosures address known hazards and the condition of the property.

Below are some of North Dakota's disclosure requirements for rental properties.

• Lead-based paint (Title X, Section 1018). Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
• Property Condition (NDC § 47-16-07.2). A North Dakota lease agreement must include a statement describing the condition of the property before the tenancy begins. The statement should be signed by both the landlord and the tenant and serves as proof of the condition of the premises at the beginning of the tenancy.

Additional Reading: North Dakota Residential Lease Agreement

North Dakota Rent and Fee Laws

North Dakota landlord laws give landlords flexibility in setting rent terms, fees, and payment policies. While many parts of rent collection are left to the lease agreement, there are a few statewide rules landlords must follow. Below is a summary of North Dakota’s rent and fee regulations that landlords should be aware of.

Rent Payments

• Due Date: If not otherwise specified in the lease agreement, rent is due at the end of each month (NDC § 47-16-20).
• Rent Increases: Rent control is banned in North Dakota (NDC § 47-16-02.1).
• Grace Period: There is no mandatory grace period in North Dakota.

Fees

• Application Fees: Rental application fees are not regulated in North Dakota.
• Late Fees: There is no statutory limit on late fees in North Dakota.
• NSF/Bounced Check Fee Maximum: If the tenant’s rent check bounces, the landlord may charge any collection fees or costs less than or equal to $40 (NDC § 6-08-16).

Tenant Remedies

• Withholding Rent/Repair and Deduct: If the landlord fails to make a necessary repair, the tenant may, after giving reasonable notice to the landlord, arrange for the repair themselves and deduct the cost from the rent. The tenant may also choose to vacate the premises and terminate the lease agreement (NDC § 47-16-13).

North Dakota Security Deposit Laws

North Dakota landlord laws govern how landlords may collect, store, and return security deposits. These rules protect both landlords and tenants by setting transparent expectations for deposit limits, interest accrual, and deductions. Below is a summary of the most important security deposit regulations for landlords in North Dakota.

• Deposit Limit: 1 month’s rent. The limit is increased to 2 months’ rent if the lessee has a felony conviction or has had a judgment against them for violating a previous rental agreement. Additionally, landlords may charge a separate pet deposit up to $2,500 or 2 months’ rent, whichever is greater (NDC § 47-16-07.1(1-2)).
• Interest: Landlords in North Dakota are required to pay interest on security deposits, except if the period of occupancy was less than nine months (NDC § 47-16-07.1(1, 3)).
• Return Within: 30 days (NDC § 47-16-07.1(3)).
• Deposit Location: Landlords are required to keep security deposits in a federally insured interest-bearing savings or checking account (NDC § 47-16-07.1(1)).
• Withholding: Landlords may withhold funds from the security deposit for damages, unpaid rent, the costs of cleaning, or other repairs beyond reasonable wear and tear. The landlord must deliver a written notice itemizing any deductions from the security deposit with the remainder of the funds (NDC § 47-16-07.1(3)).

North Dakota Tenant Screening and Fair Housing Protections

What actions are considered housing discrimination?

Tenants in North Dakota are protected by federal laws that prohibit discrimination in housing. The Federal Fair Housing Act (Title 24 USC § 3601-3607) makes it illegal for landlords to treat tenants unfairly based on certain protected characteristics. Discriminatory behavior can include:

• Accepting or rejecting rental applications based on personal traits
• Setting different terms, conditions, or privileges for certain tenants
• Writing or publishing rental listings that suggest a preference or limitation
• Providing different levels of maintenance or access to amenities
• Evicting or threatening to evict a tenant for discriminatory reasons
• Increasing rent or withholding services based on a tenant’s identity
• etc.

What are the protected classes in North Dakota?

Under the Federal Fair Housing Act, the following seven classes are protected:

• Race
• Color
• Religion
• Sex
• National origin
• Familial status
• Disability

North Dakota also enforces its own state-level fair housing protections under the North Dakota Human Rights Act (NDC § 14-02.5-02), which includes all federally protected classes and adds:

• Marital status
• Age
• Receipt of public assistance

To ensure legal compliance, landlords should adopt consistent, documented screening criteria and avoid making decisions based on assumptions or stereotypes.

Use of Credit Reports

North Dakota landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.

Criminal Histories

Criminal background checks may be used during tenant screening in North Dakota. Landlords may discriminate against rental applicants based on federal or state convictions of the illegal manufacture or distribution of drugs (NDC § 14-02.5-02(4)). North Dakota landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.

Additional Reading: North Dakota Background Checks & Screening Online

North Dakota Landlord Entry Laws

North Dakota landlord laws outline when and how landlords may legally enter a rental unit. These rules are designed to protect tenants' right to privacy while allowing landlords to maintain their property. While the law requires landlords to give advance notice, it does not specify an exact timeframe. Below is a summary of the landlord entry laws in North Dakota.

• Advanced Notice: Advanced notice before entry is required in North Dakota, but there is no statute specifying an exact notice time period (NDC § 47-16-07.3).
• Permitted Times: Landlords in North Dakota may only enter at reasonable times. Acceptable reasons for entry include repairs, decorations, alterations, improvements, services, or showings (NDC § 47-16-07.3(2)).
• Emergency Entry: In case of an emergency, the landlord may enter without prior notice or consent (NDC § 47-16-07.3(1)).

North Dakota Eviction Notices

Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in North Dakota, consider hiring an experienced real estate attorney and be sure to review the North Dakota eviction process in more detail.

If you do pursue eviction in North Dakota, the first step is to send a formal, written eviction notice. North Dakota has several different types of eviction notices, each associated with a different circumstance:

• Rent Demand Notice: 3 days to pay or quit (NDC § 47-32-01(4)).
• Notice for Lease Violation: 3 days to quit. According to North Dakota eviction laws, the landlord is not required to provide an opportunity to fix the violation (NDC § 47-32-02).

Additional Reading: North Dakota Eviction Process and Laws [2025]

North Dakota Squatter's Rights

Squatters are individuals who occupy a property without the owner's permission or a legal lease agreement. In North Dakota, removing a squatter requires going through the formal eviction process. A property owner cannot forcibly remove a squatter or use self-help methods like shutting off utilities or changing the locks without a court order.

North Dakota landlord laws do not have a specific statute allowing landlords to take expedited or self-help actions against squatters. However, a property owner may initiate an eviction lawsuit to regain possession. If successful, the court will issue an order for law enforcement to remove the squatter from the premises.

In some cases, squatters may attempt to claim ownership of a property through adverse possession. In North Dakota, a person may acquire property through adverse possession if they have openly, continuously, and exclusively occupied the property for at least 20 years (NDC § 28-01-04). This claim must be proven in court, and merely occupying a property without permission is not enough.

Before pursuing an adverse possession claim, landlords should consult a qualified attorney. Squatter situations require a clear understanding of state law and careful adherence to legal procedures.

Additional Reading: North Dakota Squatter's Rights & Adverse Possession Laws [2025]

Other Laws and Facts About North Dakota

• The current average rent rate in North Dakota is $1,017 per month, according to Zillow.
• The current average rent rate in Bismarck is $1,125 per month, according to Zillow.
• Any tenant who is a victim of domestic violence (or fears imminent domestic violence) has the right to terminate the rental agreement immediately, without penalty or liability. The tenant must, however, provide advance written notice stating the threat of domestic violence and the date that the tenancy will terminate (NDC § 47-16-17.1).

Conclusion

North Dakota landlord laws lay the foundation for fair and lawful relationships between landlords and tenants. From lease agreements to eviction procedures, understanding these laws helps landlords avoid disputes, prevent costly legal issues, and maintain long-term tenant satisfaction. Landlords who stay current on legal updates, respect tenant rights, and seek professional advice when needed are well-equipped to build a successful rental businesses.

FAQs

Is North Dakota a landlord-friendly state?

Yes, North Dakota is generally considered landlord-friendly. The state does not impose rent control, places no statutory cap on late fees, and offers broad flexibility in lease terms. However, landlords must still comply with federal fair housing laws and follow due process for evictions.

Can a landlord refuse to rent to someone using Section 8 in North Dakota?

Yes. North Dakota does not have a state law requiring landlords to accept housing vouchers. Landlords can choose whether or not to rent to tenants using Section 8 or similar forms of public housing assistance, as long as the decision is not based on a protected class under fair housing laws.

What is the maximum security deposit a landlord can charge in North Dakota?

Landlords in North Dakota can charge up to one month's rent for a security deposit. This limit increases to two months' rent if the tenant has a felony conviction or prior lease violation. Landlords may also charge a separate pet deposit up to $2,500 or two months' rent, whichever is greater.

Are landlords required to pay interest on security deposits in North Dakota?

Yes. If a tenant occupies a unit for more than nine months, landlords must pay interest on the security deposit. The deposit must also be held in an interest-bearing account with a federally insured financial institution.

How much notice must a landlord give before entering a rental unit?

North Dakota requires landlords to provide advance notice before entering a rental unit, although there is no statute specifying the exact timeframe. Entry must occur at reasonable times, except in emergencies.

What maintenance responsibilities do landlords have in North Dakota?

Landlords must maintain the rental unit in a fit and habitable condition, including providing essential services like heat, water, and electricity. If a landlord fails to make repairs after reasonable notice, tenants may repair and deduct or terminate the lease altogether.

How much notice must a landlord give to evict a tenant for nonpayment of rent?

North Dakota landlords must give at least 3 days' written notice before beginning eviction proceedings for nonpayment of rent. If the tenant does not pay or move out within the notice period, the landlord may file for formal eviction.

Free Downloads

1. North Dakota Residential Lease Agreement Template
2. North Dakota Quitclaim Deed
3. North Dakota Lease Agreements Template
4. Notice of Intention to Evict
5. Demand for Rent or Possession of the Premises
6. North Dakota Security Deposit Demand Letter

Resources

1. North Dakota Century Code
2. Eviction for Landlords
3. North Dakota Eviction Process & Laws [2025]
4. North Dakota Housing Market Trends & Forecast
5. Real Estate Terms & Definitions