Renting in North Dakota
Your rights as a tenant in North Dakota
In North Dakota, the security deposit can be up to 1 month of rent. What state law says about your deposit, the notices you must get, repairs and eviction. Every rule comes with its citation and the text of the law.
Key numbers in North Dakota
- Maximum deposit
- Up to 1 month of rent
- N.D. Cent. Code §47-16-07.1(1)-(2)
- To return your deposit
- 30 days
- N.D. Cent. Code §47-16-07.1(3)
- Notice for late rent
- 3 days
- N.D. Cent. Code §47-32-02
What the law says
The rules, one by one
The basic rules for renting in North Dakota, answered with state law and its citation.
Tap “What the law says” to read the exact text and see where it comes from.
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How much can they charge for a deposit?
Up to 1 month of rent
In North Dakota, a landlord cannot ask for or accept a security deposit of more than one month's rent. There are two exceptions: the landlord may accept up to two months' rent from a person convicted of a felony, as an incentive to rent to that person, and may ask for up to two months' rent from a person who has a court judgment for violating a previous rental agreement. Separately, the landlord may charge a pet deposit of up to $2,500 or two months' rent, whichever is greater. That pet deposit does not apply to a service or companion animal that a tenant with a disability needs as a reasonable accommodation under fair housing laws.
What the law says · N.D. Cent. Code §47-16-07.1(1)-(2)
“A lessor may not demand or receive security, however denominated, in an amount or value in excess of one month's rent, except: a. A lessor may accept an amount or value up to two month's rent, as security, from an individual convicted of a felony offense as an incentive to rent the property to the individual. b. A lessor may demand an amount or value up to two months rent, as security, from an individual who has had a judgment entered against that individual for violating the terms of a previous rental agreement. 2. A lessor may charge a lessee a pet security deposit for keeping an animal that is not a service animal or companion animal required by a tenant with a disability as a reasonable accommodation under fair housing laws. A pet security deposit may not exceed the greater of two thousand five hundred dollars or an amount equivalent to two months' rent.”
Source: North Dakota Legislative Branch – North Dakota Century Code, ch. 47-16 · Verified on October 24, 2026
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When must they return my deposit?
30 days
If the landlord does not return your whole deposit when the lease ends, the landlord must itemize what was kept. The landlord must deliver or mail you that itemization and the amount due, with a written notice, within 30 days after the lease ends and you hand over possession. It goes to the last address you gave. The notice must state any amount you still owe or the refund due to you.
What the law says · N.D. Cent. Code §47-16-07.1(3)
“Application of any portion of a security deposit not paid to the lessee upon termination of the lease must be itemized by the lessor. Such itemization together with the amount due must be delivered or mailed to the lessee at the last address furnished lessor, along with a written notice within thirty 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.”
Source: North Dakota Legislative Branch – North Dakota Century Code, ch. 47-16 · Verified on October 24, 2026
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If I fall behind on rent, what notice must I get?
3 days
Before starting an eviction case in court for unpaid rent, for staying after the lease ends, or for breaking an important term of the written lease, the landlord must give you a written 3-day notice of intention to evict. The notice is delivered the same way as a court summons. If you cannot be found, the county sheriff or a process server may post it where it can be clearly seen on the property.
What the law says · N.D. Cent. Code §47-32-02
“In all cases arising under subsections 4, 5, 6, and 8 of section 47-32-01, three days' written notice of intention to evict must be given to the lessee, subtenant, or party in possession, before proceedings can be instituted. The notice may be served and returned as a summons is served and returned or, if the party cannot be found, then by the sheriff of the county or a process server posting the notice conspicuously upon the premises.”
Source: North Dakota Legislative Branch – North Dakota Century Code, ch. 47-32 · Verified on October 24, 2026
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How much notice ends a month-to-month rental?
In a month-to-month tenancy, you or the landlord can end it at any time with at least one calendar month's written notice, unless you agreed in writing to a longer notice period or a different notice time. Rent is due up to and including the end date. If the landlord changes the lease terms under section 47-16-07, you can end the lease at the end of the month with at least 25 days' notice.
What the law says · N.D. Cent. Code §47-16-15(2)-(3)
“2. In tenancies from month to month, and 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. 3. If a landlord changes the terms of the lease pursuant to section 47-16-07, the tenant may terminate the lease at the end of the month by giving at least twenty-five days' notice.”
Source: North Dakota Legislative Branch – North Dakota Century Code, ch. 47-16 · Verified on October 24, 2026
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Are there limits on late fees?
In North Dakota, this rule covers only mobile home parks. A park may not charge a monthly late fee of more than 10% of the monthly rent. On top of that monthly fee, it may not charge a daily late fee of more than $5 per day.
What the law says · N.D. Cent. Code §47-10-28(11)
“11. A mobile home park may not charge a monthly late fee of more than ten percent of the monthly rent. In addition to the monthly late fee, a mobile home park may not charge a daily late fee of more than five dollars per day.”
Source: North Dakota Legislative Branch – North Dakota Century Code, ch. 47-10 · Verified on October 24, 2026
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How much notice before a rent increase?
30 days
If you rent month to month, the landlord can change the terms of the lease, the rent included, with written notice at least 30 days before the end of the month. The change starts when that month ends, if you stay.
What the law says · N.D. Cent. Code §47-16-07
“In all leases of land or tenements, or of any interest therein, from month to month, the landlord may change the terms of the lease to take effect at the expiration of the month upon giving notice in writing at least thirty days before the expiration of the month. The notice, when served upon the tenant, shall operate and be effectual to create and establish as a part of the lease the terms, rent, and conditions specified in the notice, if the tenant shall continue to hold the premises after the expiration of the month.”
Source: North Dakota Legislative Assembly – North Dakota Century Code, Chapter 47-16 · Verified on November 6, 2026
Protections
Protections the law gives you
We show only what state law says, with its citation. Your city may give you more protections.
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Repair and deduct from the rent
Yes: state law says so
If you notify the landlord of dilapidations the landlord should repair and the landlord does not repair them within a reasonable time, you have three options: make the repair and deduct the cost from the rent, recover the cost from the landlord in another lawful way, or move out. If you move out, you no longer owe rent or have to meet other conditions of the lease.
What the law says · N.D. Cent. Code §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 do so, the lessee may: 1. Repair the premises and deduct the expense of such repair from the rent; 2. Recover it in any other lawful manner from the lessor; or 3. Vacate the premises, in which case the lessee shall be discharged from further payment of rent or performance of other conditions.”
North Dakota Legislative Branch – North Dakota Century Code, ch. 47-16
Eviction
How an eviction works in North Dakota
Step by step, with the time periods the law sets. No landlord can skip the court.
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Rent is unpaid for 3 days after the due date
at least 3 days
What the law says · N.D. Cent. Code §47-32-01(4)
“4. A lessee, in person or by subtenant, holds over after the termination of the lease or expiration of the lessee's term, or fails to pay rent for three days after the rent is due.”
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Written 3-day notice of intention to evict
at least 3 days
What the law says · N.D. Cent. Code §47-32-02
“In all cases arising under subsections 4, 5, 6, and 8 of section 47-32-01, three days' written notice of intention to evict must be given to the lessee, subtenant, or party in possession, before proceedings can be instituted.”
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Complaint and summons in district court; the hearing is 3 to 15 days after the summons is issued
3 to 15 days
What the law says · N.D. Cent. Code §47-32-02
“In any action for eviction the time specified in the summons for the appearance of the defendant may not be fewer than three nor more than fifteen days from the date on which the summons is issued.”
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Hearing; if the judge rules for the landlord, judgment for immediate restitution of the property
What the law says · N.D. Cent. Code §47-32-04
“If the court finds for the plaintiff in the action, the court shall enter judgment that the plaintiff have immediate restitution of the premises.”
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If you show substantial hardship, the judge may delay the execution up to 5 days
up to 5 days
What the law says · N.D. Cent. Code §47-32-04
“Upon a showing by the defendant that immediate restitution of the premises would work a substantial hardship on the defendant or the defendant's family, except in cases in which the eviction judgment is based in whole or in part on a disturbance of the peace, the court may stay the special execution for a reasonable period, not to exceed five days.”
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Writ of execution; the sheriff or the sheriff's staff removes you if you have not left by the date in the order
What the law says
“If you don’t move out before the date of eviction, the Writ of Execution goes into effect. The Sheriff or the Sheriff’s staff will come and escort you off the premises.”
Free or low-cost legal help
If you get a notice or a court case, look for help early: the deadlines are short. These are official pages or pages the state courts link to.
Where to file a housing discrimination complaint
The North Dakota Department of Labor and Human Rights takes housing discrimination complaints. If you are a buyer, tenant, or former or prospective tenant and believe you were the target of unlawful discrimination, you may file a complaint. It is best to file as soon as possible. The deadline is one year from the "last date of harm", the date you believe the most recent discriminatory event occurred.
North Dakota Department of Labor and Human Rights- Legal Services of North Dakota (free legal help based on income)lsnd.org
- Dakota Plains Legal Services (free legal help for low-income people, older Americans and veterans)dpls.org
- North Dakota Free Legal Answers (online questions to volunteer lawyers, for people who qualify)nd.freelegalanswers.org
- North Dakota Court System: Eviction for Tenants (Legal Self Help Center)ndcourts.gov
Frequently asked questions
How much can a landlord charge for a deposit in North Dakota?
In North Dakota, a landlord cannot ask for or accept a security deposit of more than one month's rent. There are two exceptions: the landlord may accept up to two months' rent from a person convicted of a felony, as an incentive to rent to that person, and may ask for up to two months' rent from a person who has a court judgment for violating a previous rental agreement. Separately, the landlord may charge a pet deposit of up to $2,500 or two months' rent, whichever is greater. That pet deposit does not apply to a service or companion animal that a tenant with a disability needs as a reasonable accommodation under fair housing laws. (N.D. Cent. Code §47-16-07.1(1)-(2))
When must a deposit be returned in North Dakota?
If the landlord does not return your whole deposit when the lease ends, the landlord must itemize what was kept. The landlord must deliver or mail you that itemization and the amount due, with a written notice, within 30 days after the lease ends and you hand over possession. It goes to the last address you gave. The notice must state any amount you still owe or the refund due to you. (N.D. Cent. Code §47-16-07.1(3))
What notice is required for late rent in North Dakota?
Before starting an eviction case in court for unpaid rent, for staying after the lease ends, or for breaking an important term of the written lease, the landlord must give you a written 3-day notice of intention to evict. The notice is delivered the same way as a court summons. If you cannot be found, the county sheriff or a process server may post it where it can be clearly seen on the property. (N.D. Cent. Code §47-32-02)
How much notice ends a month-to-month rental in North Dakota?
In a month-to-month tenancy, you or the landlord can end it at any time with at least one calendar month's written notice, unless you agreed in writing to a longer notice period or a different notice time. Rent is due up to and including the end date. If the landlord changes the lease terms under section 47-16-07, you can end the lease at the end of the month with at least 25 days' notice. (N.D. Cent. Code §47-16-15(2)-(3))
Are there limits on late fees in North Dakota?
In North Dakota, this rule covers only mobile home parks. A park may not charge a monthly late fee of more than 10% of the monthly rent. On top of that monthly fee, it may not charge a daily late fee of more than $5 per day. (N.D. Cent. Code §47-10-28(11))
How much notice before a rent increase in North Dakota?
If you rent month to month, the landlord can change the terms of the lease, the rent included, with written notice at least 30 days before the end of the month. The change starts when that month ends, if you stay. (N.D. Cent. Code §47-16-07)
A summary of state law, not legal advice. Cities may have additional rules.
Pending
What is left to verify
We have not yet verified these North Dakota rules in the law with their citation, so we do not show them. If you need them today, ask for free legal aid.
- Only a court order can remove you Not verified yet
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