Looking for clear and concise information on North Dakota landlord tenant law? Get all your answers from this plain English guide to North Dakota landlord tenant statutes.
ND Landlord Tenant Law:
The landlord can ask prospective tenants for application fees to cover the costs of background and credit checks. The fee amount should be reasonable - We recommend charging $25 to $30 per applicant. If the landlord did not run any tenant screening checks, the fees should be refunded.
Before running background or credit checks on tenant applicants, landlords must first obtain the applicant's written permission. [Fair Credit Reporting Act § 604(a)(3)(F)]
For landlords to run background and credit checks, the tenant application form needs to ask for the applicant's:
The federal Fair Housing Act disallows landlords from rejecting prospective renters based on their race, color, religion, nationality, sex, *familial status or physical/mental disability. *Familial status means landlords cannot reject someone for having one or more children under 18. Familial status also includes pregnant women and people planning to have (or adapt) children under 18.
In addition, North Dakota landlord tenant law disallows landlords from rejecting someone as a renter because of age or marriage status. People on public assistance and victims of domestic violence cannot be discriminated as well.
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A tenancy agreement (also known as a lease agreement or rental agreement) can be written or verbal.
The landlord and tenant can choose between a month to month tenancy or fixed term lease. For a month to month tenancy, the landlord or tenant can change its terms and conditions at the end of every month. For a fixed term lease, the landlord and tenant CANNOT change the lease terms and conditions during its duration... unless there is written consent from both parties.
North Dakota landlord tenant law requires all tenancy agreements to contain the following details:
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According to North Dakota landlord tenant law, the landlord can ask for up to one month's rent as security deposit. [ND 47-16-07.1.(1)]
If the tenant keeps a pet (that is not a *service animal), the landlord can ask for an additional pet deposit amounting up to $2500 or two month's rent (whichever is greater). *A service animal is an animal (usually a dog) that is trained to assist disabled people. [ND 47-16-07.1.(2)]
North Dakota landlord tenant law requires the landlord to hold the security deposit in an interest-bearing savings or checking account that is federally insured. [ND 47-16-07.1.(1)]
If the tenancy lasted for 9 months or longer, the landlord must pay the tenant security deposit interest when the lease terminates. [ND 47-16-07.1.(3)(c)]
North Dakota landlord tenant law requires the landlord to inform the tenant of the terms and conditions for security deposit deductions.
Valid reasons for security deposit deductions (under North Dakota landlord tenant law) include [ND 47-16-07.1.(3)(c)]:
The landlord is NOT allowed to take money from the security deposit due to damage from *normal wear and tear. [ND 47-16-07.1.(3)(c)] *Normal wear and tear is the natural deterioration of the property (and its contents) from normal everyday use.
Once the lease terminates and the tenant returns the property, the landlord must send the tenant a list of security deposit deductions and refund any remaining deposit within 30 days. This list has to individually account for all damages and rent owed in writing.
The tenant can sue the landlord for three times the amount of deposit that was wrongfully withheld. [ND 47-16-07.1.(4)]
Once property ownership is transferred, the new owner will be responsible for refunding any security deposit (and interest) to the tenant at the end of the tenancy. [ND 47-16-07.1.(5)]
The previous owner is no longer responsible for the security deposit once he or she transfers it (plus interest) to the new owner.
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Fargo, North Dakota ND
The tenant has to pay the rent without demand or reminders. As long as the landlord and tenant are agreeable, they can choose the time, place and method of rent payment.
In the absence of a rental agreement, rent is payable at the end of each month. [ND 47-16-20]
There are no specific North Dakota landlord tenant statutes on imposing charges for late rent payments.
If the landlord wants to impose late rent charges, it has to be specified in the tenancy agreement. While there are no state laws on late fees, landlords cannot overcharge or impose unfair terms. Otherwise the tenant can refuse to pay and challenge the late fees in court.
Most states consider reasonable late fees to be around 3 to 5% of the rent amount. In addition, landlords should wait until rent payment is at least three days late before charging late fees.
According to the North Dakota Landlord Tenant Act, the landlord can choose to raise the rent by any amount.
For a month to month tenancy, the landlord has to notify the tenant of a rent increase at least 30 days in advance. [ND 47-16-07]
For a fixed term tenancy, the landlord isn't allowed to raise the rent until the tenancy expires.
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The North Dakota Landlord Tenant Act requires the landlord to maintain the property in a safe and habitable condition [ND 47-16-13.1]:
North Dakota landlord tenant law also requires the tenant to keep the property in a clean and safe condition [ND 47-16-13.2]:
The tenant should inform the landlord (in writing) of any property problems or defects. [ND 47-16-13] If the landlord fails to make repairs within a reasonable time, the tenant can EITHER:
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According to North Dakota landlord tenant law, the landlord is only allowed to enter the property for the following reasons:
In the above situations, the landlord must give the tenant reasonable notice before entering the property. The landlord should enter the property with the tenant's consent and during reasonable hours. [ND 47-16-07.3.(2)]
According to North Dakota landlord tenant law, the landlord may enter the property without permission in the following situations [ND 47-16-07.3.(1)]:
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There are no specific North Dakota landlord tenant laws on subletting.
We recommend that the landlord and tenant work out the following details and include them in the rental agreement:
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Bismarck, North Dakota ND
Before terminating a tenancy, North Dakota landlord tenant law requires you to give the other party a written notice to quit in advance [ND 47-16-15]:
Month to month tenancy |
1 month |
If you are the tenant, the following are the minimum number of days for giving your landlord a notice to quit:
Tenant or dependent is a victim of domestic violence |
Immediate |
Landlord violated tenancy agreement or didn't perform duties |
See below |
If the tenant or tenant's dependent is (OR might become) a victim of domestic violence, sexual assault or stalking, the tenant can terminate the rental agreement without penalties by giving the landlord a written notice. [ND 47-16-17.1.(2)]
This notice must state the following:
The tenant can send this notice to the landlord by mail, fax or in person.
If the landlord violated tenancy agreement or failed in his or her duties (see Landlord Duties and Responsibilities above), the tenant should inform the landlord in writing and give him or her a reasonable amount of time to correct the problem(s).
If the landlord fails to correct the problem(s) in the given time, the tenant can proceed to terminate the lease agreement. [ND 47-16-17.1.(2)]
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According to North Dakota landlord tenant law, the following are valid reasons for evicting tenants and the minimum number of days for giving them a notice to quit:
Tenant did not pay rent |
3 days |
Tenant violated tenancy agreement or didn't perform duties |
See below |
If the tenant did not pay rent on time, the landlord can send the tenant a three day written notice to terminate the tenancy. This notice must state the amount of rent owed and inform the tenant that he or she can choose to pay or move out. [ND 47-32-01.(4)]
If the rent is paid within three days, the tenant may stay. If the tenant tries to pay rent after three days, the landlord may refuse the rent and continue with eviction.
If the tenant misused or allowed others to misuse the property (e.g. using a residential home as a store) or fails in his or her duties (see Tenant Duties and Responsibilities above), the landlord can also send the tenant a written notice to terminate the tenancy. [ND 47-16-16]
According to North Dakota landlord tenant law, the landlord CANNOT force the tenant to move out by shutting off utilities (electricity, water, gas, sanitation), changing the locks, taking the tenant's belongings or taking possession of the property by force without a court hearing.
If the landlord forces the tenant to move out with unlawful methods or shuts off utilities, the tenant can sue the landlord for three times the amount of actual damages. [ND 32-03-29]
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There are no specific North Dakota landlord tenant laws on when the property is considered abandoned by the tenant.
We recommend that the landlord and tenant work out the following details and include them in the rental agreement:
If the tenant's abandoned belongings are worth $2500 or less, the landlord must inform the tenant where the belongings are stored AND give the tenant at least 28 days to recover them. The landlord can deduct money from the security deposit to pay for the costs of moving and storing the abandoned belongings.
If the tenant did not retrieve the belongings within 28 days, the landlord can choose to destroy, dispose or sell the belongings. [ND 47-16-30.1]
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North Dakota Landlord Tenant Law: North Dakota Century Code - Leasing of Real Property
North Dakota Landlord Tenant Handbook: Landlord and Tenant Rights in North Dakota
North Dakota Eviction: Eviction for Tenants - An Informational Guide to a North Dakota Civil Court Process