North Dakota security deposit rules
North Dakota limits security deposits to one month's rent (up to two months' rent for a tenant with a felony conviction or a prior judgment for violating a rental agreement). The deposit must be returned itemization and refund within 30 days after termination of the lease and delivery of possession, with an itemised list of any deductions. North Dakota is one of the states that requires interest on the deposit.
What the law requires
One month's rent (up to two months' rent for a tenant with a felony conviction or a prior judgment for violating a rental agreement). Returned Itemization and refund within 30 days after termination of the lease and delivery of possession. Deposit must be held in a federally insured interest-bearing account; accrued interest is paid to the tenant at move-out unless the occupancy lasted less than nine months. Treble damages for deposits withheld without reasonable justification. Statute text read via Wayback Machine copy of the official ndlegis.gov PDF.
- Deductions: unpaid rent and damage beyond normal wear and tear, itemised in writing. Cleaning and repainting after ordinary use are normal wear in most states.
- Deadline: the 30-day clock usually starts when the tenant moves out and, in many states, when a forwarding address is provided. Missing it typically forfeits the landlord’s right to keep any of the deposit and can add statutory damages.
- Pets: A separate pet security deposit is allowed (not for service or companion animals needed as a reasonable accommodation), capped at the greater of $2,500 or two months' rent
- Interest: North Dakota requires interest on the deposit. The deposit interest calculator applies the rate and thresholds.
Move-out checklist
- Give written notice of the move-out date and a forwarding address; many deadlines only start when the landlord has the address.
- Photograph every room after cleaning, with a timestamp. Request a joint inspection where the state allows one.
- If the deadline passes, send a written demand citing N.D.C.C. § 47-16-07.1. Small-claims court handles deposit disputes in every state and most cap the claim well above a typical deposit.
Related North Dakota rules
- Late fees: No statutory cap or grace period for residential late fees in North Dakota; the lease controls (general reasonableness/penalty doctrine applies). Late fee calculator.
- Notice to end a tenancy: At least one calendar month's written notice by either party (lease may require a longer period only if the tenant initials the clause) Notice calculator.
- All rules on one page: North Dakota landlord and tenant law.
Frequently asked questions
How much can a landlord charge for a security deposit in North Dakota?
One month's rent (up to two months' rent for a tenant with a felony conviction or a prior judgment for violating a rental agreement). Deposit must be held in a federally insured interest-bearing account; accrued interest is paid to the tenant at move-out unless the occupancy lasted less than nine months. Treble damages for deposits withheld without reasonable justification. Statute text read via Wayback Machine copy of the official ndlegis.gov PDF.
How long does a landlord have to return a security deposit in North Dakota?
Itemization and refund within 30 days after termination of the lease and delivery of possession. The statute is N.D.C.C. § 47-16-07.1.
Does a North Dakota landlord have to pay interest on the security deposit?
Yes, in the circumstances set out in N.D.C.C. § 47-16-07.1. See the North Dakota deposit interest calculator for the rate and the rules.
Are pet deposits limited in North Dakota?
A separate pet security deposit is allowed (not for service or companion animals needed as a reasonable accommodation), capped at the greater of $2,500 or two months' rent