North Dakota landlord and tenant rules
The figures that decide most disputes between North Dakota landlords and tenants, each with a calculator and the statute behind it.
| Rule | North Dakota | Statute | Tool |
|---|---|---|---|
| Maximum security deposit | 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) | N.D.C.C. § 47-16-07.1 | Deposit rules |
| Deposit return deadline | Itemization and refund within 30 days after termination of the lease and delivery of possession | N.D.C.C. § 47-16-07.1 | Deposit rules |
| Interest on the deposit | Required | N.D.C.C. § 47-16-07.1 | North Dakota interest calculator |
| Maximum late fee | No statutory cap | N.D.C.C. ch. 47-16 (no late-fee provision) | Late fee calculator |
| Landlord notice, month-to-month | 30 days | N.D.C.C. § 47-16-15; § 47-16-07; § 47-32-01(4); § 47-32-02 | Notice calculator |
| Tenant notice, month-to-month | 30 days | N.D.C.C. § 47-16-15; § 47-16-07; § 47-32-01(4); § 47-32-02 | Notice calculator |
| Rent increase notice | 30 days | N.D.C.C. § 47-16-15; § 47-16-07; § 47-32-01(4); § 47-32-02 | Notice calculator |
| Pay-or-quit notice | 3 days | N.D.C.C. § 47-16-15; § 47-16-07; § 47-32-01(4); § 47-32-02 | Notice calculator |
| Rent increase cap | None statewide |
Security deposits in North Dakota
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. 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. Full deposit rules and move-out checklist.
Late fees in North Dakota
North Dakota sets no statutory cap on late fees. The amount is whatever the lease says, subject to the general rule that it must not be an unconscionable penalty. There is no statutory grace period, so the lease controls when the fee starts. Calculate the maximum fee.
Notice periods in North Dakota
A North Dakota landlord must give 30 days’ written notice to end a month-to-month tenancy, and the tenant must give the same. A rent increase needs 30 days’ notice. For nonpayment, the landlord must serve a 3-day notice to pay or quit before filing for eviction. Calculate the effective date of a notice.
Deposit interest in North Dakota
- North Dakota: Interest earned in the required federally insured account, once occupancy reaches nine months. Every North Dakota landlord, for tenants who occupy the unit nine months or more.
Sources
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.
What is the maximum late fee for rent in North Dakota?
There is no statutory maximum in North Dakota. No statutory cap or grace period for residential late fees in North Dakota; the lease controls (general reasonableness/penalty doctrine applies). The most common lease figure nationally is 5% of monthly rent, and courts in no-cap states generally accept fees in that range while rejecting ones that look like penalties.
How much notice does a landlord have to give a tenant to move out in North Dakota?
30 days’ written notice for a month-to-month 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)
How long is a pay-or-quit notice in North Dakota?
3 days. The tenant can stop the eviction by paying the full amount within that time.
Other states
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming