North Dakota Tenant Resources
Your comprehensive guide to rental laws, guidelines and advocacy in North Dakota
What are the late fee regulations in North Dakota?
North Dakota law (N.D. Cent. Code § 47-16-13.1) allows landlords to charge reasonable late fees if specified in the lease agreement. While the state doesn't set specific limits on late fee amounts, they must be reasonable and clearly stated in the lease. The lease must specify when rent is considered late and when late fees will be assessed. Courts may find excessive late fees unenforceable.
What are the rules for security deposits in North Dakota?
Under North Dakota law (N.D. Cent. Code § 47-16-07.1), security deposits are limited to one month's rent for unfurnished units and one and a half month's rent for furnished units. Landlords must return deposits within 30 days after termination of the lease and delivery of possession. An itemized list of any deductions must be provided. The deposit must be held in a federally insured interest-bearing savings or checking account. Tenants should document the property condition at move-in and move-out with photos and a written inventory.
What are the eviction rules and tenant protections in North Dakota?
North Dakota requires: 1) 3-day notice for non-payment of rent, 2) 3-day notice for lease violations, 3) 30-day notice for lease termination in month-to-month tenancies (N.D. Cent. Code § 47-32-01). Self-help evictions are illegal under North Dakota law. Landlords must obtain a court order through proper eviction proceedings. Tenants have protections under state law and can only be evicted for specific statutory causes. The eviction process must follow proper legal procedures. Tenants may raise defenses including retaliation, discrimination, or habitability issues.
What are the maintenance requirements for landlords in North Dakota?
North Dakota law (N.D. Cent. Code § 47-16-13.1) requires landlords to maintain: 1) Building structural elements in good repair, 2) Plumbing, heating, and electrical systems in working order, 3) Weather protection and waterproofing, 4) Safe and sanitary common areas, 5) Compliance with local housing codes. North Dakota follows the implied warranty of habitability. Tenants must provide written notice of repair needs. If landlords fail to make necessary repairs within a reasonable time, tenants may withhold rent or pursue legal action after proper notice.
What notice is required for landlord entry in North Dakota?
North Dakota law requires landlords to provide reasonable notice before entering a rental unit. While the state doesn't specify an exact time frame, 24-48 hours notice is considered reasonable. Entry must be during reasonable hours unless there's an emergency. Landlords must have a legitimate purpose for entry such as repairs, inspections, or showing the unit. Tenants cannot unreasonably deny access. Unauthorized entry may violate tenant's right to quiet enjoyment and privacy and could result in legal action.
What are the rules for rent increases in North Dakota?
North Dakota law requires landlords to provide written notice before increasing rent: 30 days notice for month-to-month tenancies (N.D. Cent. Code § 47-16-07). For fixed-term leases, rent can only be increased at renewal unless specifically allowed in the lease. Rent increases cannot be retaliatory or discriminatory. North Dakota does not have statewide rent control, but increases must be reasonable and cannot be used as retaliation against tenants exercising their legal rights. The lease must specify the amount of rent and when it's due.
What are my rights regarding repairs in North Dakota?
North Dakota tenants have repair rights under N.D. Cent. Code § 47-16-13.1: 1) Notify landlord in writing of needed repairs, 2) Landlord must make repairs within a reasonable time, 3) If landlord fails to make repairs affecting habitability, tenants may withhold rent or pursue legal action after proper notice. The law requires rental properties to meet basic standards of habitability including working plumbing, heating, and electrical systems. Tenants should document all repair requests and communications. For serious health/safety violations, tenants can contact their local housing inspector or file a complaint with North Dakota Consumer Protection.
What are the rules about security deposit deductions in North Dakota?
North Dakota landlords can deduct for: 1) Unpaid rent or utilities, 2) Damage beyond normal wear and tear, 3) Other lease violations. Under N.D. Cent. Code § 47-16-07.1, deposits must be returned within 30 days of move-out with an itemized list of deductions. Security deposits are limited to one month's rent for unfurnished units and one and a half month's rent for furnished units. Tenants should document the unit's condition at move-in and move-out. Landlords who wrongfully withhold deposits may be liable for damages plus court costs. The deposit must be held in a federally insured interest-bearing account.
What are North Dakota's requirements for smoke detectors?
North Dakota law requires working smoke detectors in all rental units. They must be installed outside each sleeping area and on every level of the dwelling. Both smoke and carbon monoxide detectors are required in residential properties. Smoke alarms must be UL listed and properly maintained. Landlords must ensure detectors are working at the start of each tenancy and comply with the North Dakota State Fire Code. Tenants are responsible for testing devices and replacing batteries during their tenancy. Tampering with detectors is prohibited and may result in fines.
What disclosures are required from North Dakota landlords?
North Dakota landlords must disclose: • Lead paint (pre-1978 buildings) as required by federal law • Security deposit terms and location (N.D. Cent. Code § 47-16-07.1) • Property manager/owner contact information • Utility arrangements and responsibilities • Any existing damage or defects • Notice of entry rights • Information about any outstanding code violations • Smoke and carbon monoxide detector compliance • Presence of known environmental hazards • Flood zone information (if applicable) • Tenant's rights and obligations under North Dakota law • Military personnel rights under state law • Available parking spaces and fees • Any HOA rules or restrictions that affect tenants
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Legal Disclaimer: The information provided on this website is for general informational purposes only and should not be considered as legal advice. While we strive to keep the information up-to-date and accurate, laws and regulations can change frequently. Specific situations may vary, and the application of rental laws can depend on numerous factors. We recommend consulting with a qualified legal professional for advice regarding your specific circumstances.
