North Dakota does not have a single comprehensive residential landlord-tenant act. Its residential rental rules are spread primarily across Chapter 47-16, which governs leasing of real property, and Chapter 47-32, which governs eviction.

That structure produces rules most managers do not expect. Repair-and-deduct has no statutory dollar ceiling. A security deposit withheld without reasonable justification carries treble damages. A landlord may enter without notice where the landlord reasonably believes the tenant is in substantial violation of the lease. And a lease clause requiring more than one month's notice to terminate gives the tenant an escape unless they initialled next to it.

In short: Deposits are generally capped at one month's rent, with two specific exceptions allowing up to two months' rent and a separate pet-deposit provision, and must sit in a federally insured interest-bearing account and be itemised within 30 days of termination and delivery of possession. Eviction runs on eight statutory grounds, four of which require a three-day notice of intention to evict, with the summons set 3 to 15 days out. Local rent control is prohibited. And a landlord must provide a signed condition statement when entering the rental agreement.

North Dakota rules worth memorising

Security deposits: the cap, its exceptions, and treble damages

Section 47-16-07.1 is the most prescriptive provision in North Dakota landlord-tenant law, and the one that generates the most avoidable liability.

The cap and its two exceptions. A lessor may not demand or receive security in an amount or value in excess of one month's rent, except that a lessor may accept up to two months' rent from an individual convicted of a felony offence as an incentive to rent the property to the individual, and may demand up to two months' rent from an individual who has had a judgment entered against them for violating the terms of a previous rental agreement.

Read those exceptions precisely. The felony exception is framed as an incentive, so it is tied to renting to someone you might otherwise decline. The judgment exception requires an actual judgment, not a poor reference or an unpaid balance.

Pet deposits sit in a separate provision. Under subsection 2, a lessor may charge 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. The pet deposit may not exceed the greater of $2,500 or an amount equivalent to two months' rent.

Where the money sits is not optional. The lessor shall deposit the money in a federally insured interest-bearing savings or checking account for the benefit of the tenant. Interest accrues to the tenant, though a lessor is not required to pay interest if the period of occupancy was less than nine months.

What can be applied. Under subsection 3, the deposit and accrued interest may be applied to damages by reason of deteriorations or injuries caused by the lessee's pet or through the negligence of the lessee or the lessee's guest; any unpaid rent; and the costs of cleaning or other repairs that were the lessee's responsibility and are necessary to return the unit to its original state, reasonable wear and tear excepted.

The deadline has two triggers. Any portion not paid to the lessee must be itemised, and the itemisation together with the amount due must be delivered or mailed to the lessee at the last address furnished, with written notice, within thirty days after termination of the lease and delivery of possession by the lessee. The notice must state any amount still due the lessor or the refund due the lessee. Amounts unclaimed for one year fall under the unclaimed property reporting requirements in § 47-30.2-04.

And the penalty is severe. Subsection 4: a lessor is liable for treble damages for any security deposit money withheld without reasonable justification. Not double, and not capped at the deposit.

On a sale, the clock does not reset. Under subsection 5, the deposit and accrued interest transfer to the grantee of the lessor's interest, and the grantor is not relieved of liability until transfer of the security deposit to the grantee. The holder of the lessor's interest at termination is bound even if they were not the original lessor who received the deposit. Subsection 6 applies the section to the state and political subdivisions that lease and take deposits.

Because the treble damages provision turns on whether a withholding had reasonable justification, dated condition evidence at both ends of the tenancy is the practical defence, which is what move-in and move-out management is designed to produce.

The condition statement most managers skip

Section 47-16-07.2 is short and mandatory, and it is routinely missed.

A landlord shall provide the tenant with a statement describing the condition of the facilities in and about the premises to be rented at the time of entering a rental agreement. The statement shall be agreed to and signed by the landlord and tenant. And it shall constitute prima facie proof of the condition of the facilities and the premises at the beginning of the rental agreement.

That last sentence is the reason to care. The statement is not merely evidence; the statute gives it prima facie status. A landlord who has one starts a deposit dispute ahead. A landlord who does not has surrendered a statutory advantage and is also in breach of a duty stated as "shall."

Note the statutory trigger is entering the rental agreement, not move-in day. Operationally most managers complete it as part of the move-in walkthrough, which is sensible, but the obligation attaches at signing.

Entry: no notice period, but consent and a time certain

North Dakota's entry rule is unusual because it sets no hours-based notice period at all.

Under § 47-16-07.3, a landlord may enter at any time in case of emergency, or if the landlord reasonably believes the tenant has abandoned the premises, or if the landlord reasonably believes the tenant is in substantial violation of the provisions of the lease or rental agreement.

Otherwise, entry is permitted only during reasonable hours and in a reasonable manner for inspecting the premises; making necessary or agreed repairs, decorations, alterations or improvements; supplying necessary or agreed services; or exhibiting the unit to actual or potential purchasers, insurers, mortgagees, real estate agents, tenants, workmen or contractors. Unless it is impractical to do so, the landlord shall first notify and receive the consent of the tenant, which shall not be unreasonably withheld, and the consent shall identify a time certain. A landlord shall not abuse the right of access or use it to harass or intimidate the tenant.

Two mechanics make this workable. Consent is presumed from failure to object after notice of intent to enter at a time certain has been given. And notice may be given by personal service, by posting the notice in a conspicuous place in or about the dwelling unit for a reasonable period, or by any other method resulting in actual notice.

So the practical requirement is a notice that names a specific time, delivered by a method that reaches the tenant, with the absence of objection recorded. Logging the notice, its method and its stated time through workflow customization is what turns the presumption of consent into something you can prove.

Landlord duties and a repair-and-deduct remedy with no ceiling

The duties. Section 47-16-13.1 requires a landlord of a residential dwelling unit to comply with applicable building and housing codes materially affecting health and safety; make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; keep all common areas clean and safe; maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied; provide waste receptacles and arrange removal; and supply running water, reasonable amounts of hot water at all times and reasonable heat.

The water and heat duty has three carve-outs: where the building is not required by law to be equipped for that purpose, where heat or hot water is generated by an installation within the tenant's exclusive control supplied by a direct public utility connection, or where the water or heat is unavailable due to supply failure by a public utility.

Two structural rules follow. Under subsection 2, noncompliance with duties (b) through (f) allows a reasonable time to remedy. Under subsection 3, where the code-compliance duty in (a) is greater than any other duty in the subsection, the landlord's duty is determined by reference to (a).

Duty-shifting is permitted, on conditions. For a single-family residence, the parties may agree in writing that the tenant perform the waste and water/heat duties and also specified repairs, maintenance tasks, alterations and remodeling, but only if entered into in good faith. For any other dwelling unit, the agreement must be in good faith, set forth in a separate writing signed by the parties and supported by adequate consideration, must not cover work necessary to cure noncompliance with the waste-removal duty, and must not diminish or affect the landlord's obligation to other tenants.

And subsection 6 limits all of it: the landlord may not treat performance of the separate agreement as a condition to any obligation or performance of any rental agreement.

The remedy has no dollar limit. Section 47-16-13 provides that 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 repair the premises and deduct the expense of such repair from the rent; recover it in any other lawful manner from the lessor; or vacate the premises, in which case the lessee is discharged from further payment of rent or performance of other conditions.

Section 47-16-13 does not prescribe a dollar ceiling, a fixed notice period, or a particular notice form; it requires notice from the lessee and a reasonable time for the lessor to remedy the condition. An ignored maintenance complaint in North Dakota therefore has no statutory ceiling on its cost.

Because the trigger is notice plus a reasonable time, the date a complaint arrived and what you did next is the whole dispute. Holding that on the unit record through service request and task management rather than in an inbox is the practical answer.

Supporting provisions. Section 47-16-13.3 lets a court refuse to enforce an unconscionable rental agreement, provision or settlement. Section 47-16-13.5 imposes a duty to mitigate damages on any aggrieved party. Section 47-16-13.6 allows the court to award reasonable attorney's fees to the prevailing party on any right or action provided by §§ 47-16-13.1 through 47-16-13.6. And § 47-16-13.7 provides that a lessee evicted according to law remains liable for rent during the remainder of the term, subject to the landlord's duty to mitigate.

Ending a tenancy, and the initialling rule

Month-to-month. Under § 47-16-15(2), unless the parties have agreed in writing to a longer notice period or a different notice time, either party may terminate by giving at least one calendar month's written notice at any time, and rent is due to and including the date of termination.

The initialling rule is the one to know. Under § 47-16-15(4), any agreement requiring a lessee to give notice exceeding one month from the end of a month to terminate a residential lease must state the notice requirement and provide space for the lessee to initial next to it. If the notice requirement is not initialled by the lessee at the time of executing the lease, the lessee may terminate the lease on the last day of a month with at least one calendar month's notice.

So a residential lease clause requiring more than one calendar month's notice from the end of a month should include the required notice language and an initial line. Without the tenant's initial at execution, the statute allows the tenant to terminate on the last day of a month with at least one calendar month's notice. That is a lease drafting fix, and it belongs in the template held through contracts and renewals.

Automatic renewal needs advance notice. Under § 47-16-06.1, in any lease of a specified term of two months or more for residential purposes, the lessor may not enforce an automatic renewal clause unless the lessor notified the lessee in writing, delivered personally or by first-class mail, of the automatic renewal provision not less than thirty days prior to the expiration date of the current lease. If that notice was not given, the lease expires and the terms convert to a month-to-month tenancy.

Holdover converts to month-to-month. Under § 47-16-06, where a residential lessee remains in possession after expiration and the lessor accepts rent, the parties are presumed to have renewed as a month-to-month tenancy, except in the case of a lease with an automatic renewal clause. Under § 47-16-15(5), where a lease converts to month-to-month under § 47-16-06 or § 47-16-06.1, either party may terminate on the last day of a month with at least one calendar month's notice.

Changing terms. Under § 47-16-07, in a month-to-month tenancy the landlord may change the terms to take effect at the expiration of the month on written notice at least thirty days before the expiration of the month, served in any reasonable manner that actually informs the tenant. If the landlord does so, § 47-16-15(3) lets the tenant terminate at the end of the month on at least twenty-five days' notice.

Domestic violence termination. Section 47-16-17.1 lets a tenant who is a victim of domestic violence, or who fears imminent domestic violence, terminate without penalty on advance written notice stating the fear, the need to terminate and the specific date the tenancy will terminate, delivered by mail, facsimile or in person. The tenant is responsible for rent for the full month of termination plus an additional amount equal to one month's rent, subject to mitigation, and is relieved of other obligations for the remaining term. A landlord may not disclose the documentation provided, and may not enter it into any shared database. Retaliation or refusal to rent because someone exercised this right can carry statutory damages of $1,000 plus actual damages, fees and costs. The tenancy continues for any remaining tenants.

Fees, assistance animals and abandoned property

• No fee for accepting payment. Section 47-16-20.1 provides that a landlord may not charge a tenant a fee to accept cash, a check, or a money order for rent or any other payment required under a lease for real property. Managers should therefore ensure that no fee is charged merely for accepting rent or another required payment by cash, check or money order, which is worth checking against how your payment configuration is set up in rent collection and payment records.

• Assistance animal documentation. Under § 47-16-07.5, a landlord may require reliable supporting documentation where a tenant asserts a disability requiring a service or assistance animal in a no-pets dwelling. The documentation may come from a physician or medical professional who does not operate in this state solely to provide certification for such animals, and must confirm the disability and the relationship between the disability and the need. A landlord may not require documentation where the disability or the disability-related need is readily apparent or already known. Under § 47-16-07.6, knowingly making a false claim or providing fraudulent documentation is an infraction, and on a guilty plea or conviction the lessor may evict and is entitled to a damage fee not exceeding $1,000.

• Abandoned property. Under § 47-16-30.1, property with a total estimated value of not more than $2,500 left on the premises may be retained by the lessor and disposed of without legal process 28 or more days after the lessor received actual notice the lessee vacated, or 28 or more days after it reasonably appears the lessee vacated. The lessor is entitled to the sale proceeds and may recover storage and moving expenses in excess of proceeds from the security deposit. Where the property is removed after an eviction judgment and the special execution has been served, the lessor has a lien for reasonable storage and moving expenses, which does not have priority over a prior perfected security interest.

Eviction: eight grounds, and a three-day notice for only four of them

Chapter 47-32 is short, and the most common error is assuming a three-day notice is always required.

The eight grounds, § 47-32-01. An eviction action is maintainable where a party has entered on another's prior actual possession by force, intimidation, fraud or stealth and detains it; where a party, after peaceably entering, turns out the party in possession by force, threats or menacing conduct; where a party by force or menaces unlawfully holds possession; where a lessee holds over after termination or expiration, or fails to pay rent for three days after the rent is due; where a party continues in possession after a sale under mortgage, execution or judicial process and expiry of redemption, or after a deed, or after cancellation of a contract for deed; where a party continues wrongfully in possession after a partition judgment or a sale under court order; where a lessee or a person on the premises with the lessee's consent acts in a manner that unreasonably disturbs other tenants' peaceful enjoyment; and where the lessee violates a material term of the written lease agreement.

The notice applies to four of them. Under § 47-32-02, in all cases arising under subsections 4, 5, 6 and 8, three days' written notice of intention to evict must be given to the lessee, subtenant or party in possession before proceedings can be instituted. Grounds 1, 2, 3 and 7 do not carry that statutory notice requirement.

That means the disturbance ground in subsection 7 sits outside the notice requirement, while the material-lease-violation ground in subsection 8 sits inside it. Picking the right ground therefore decides whether a notice is needed at all.

Nonpayment has a sequential structure. Section 47-32-01(4) makes the failure to pay rent for three days after rent is due one of the statutory grounds for eviction. The separate three-day written notice required by § 47-32-02 must then be given before the eviction proceeding is instituted. The first three days are part of the ground, not a notice period.

Serving the notice. The notice may be served and returned as a summons is served and returned, or, if the party cannot be found, by the sheriff of the county or a process server posting the notice conspicuously upon the premises.

The summons and the appearance date. The time specified in the summons for the defendant's appearance may be not fewer than three nor more than fifteen days from the date the summons is issued. Service by delivery of a copy to the defendant in person within the county must be made at least three days before the appearance time. Service elsewhere, or personal service in any other mode, must be made at least seven days before.

Posting the summons requires several steps. Where the person cannot be found in the county, which the return of the sheriff or process server is prima facie proof of, and service has been attempted at least once between six p.m. and ten p.m., then on the filing of an affidavit stating the defendant cannot be found or is believed not to be in the state, and a copy of the summons has been mailed to the last-known address if known, service may be made by posting the summons upon the door of the residential unit.

No counterclaims, and a short hardship stay. Under § 47-32-04, an eviction cannot be joined with any other action except for rents and profits accrued or damages arising from the defendant's possession, and no counterclaim can be interposed except as a setoff to such a demand. If the court finds for the plaintiff it shall enter judgment for immediate restitution. On a showing that immediate restitution would work a substantial hardship on the defendant or their family, the court may stay the special execution for a reasonable period not to exceed five days, except where the eviction judgment is based in whole or in part on a disturbance of the peace.

One point that catches managed portfolios. The North Dakota Court System's eviction guidance for landlords warns that where the property is held by a legal entity such as a business, corporation or limited liability company, only a lawyer licensed in North Dakota may represent the entity in an eviction. Non-lawyers are not permitted to represent legal entities, and legal documents signed by non-lawyer agents of an entity are considered void, citing Wetzel v. Schlenvogt, 2005 ND 190 and State ex rel. Department of Labor v. Riemers, 2008 ND 191. A property manager filing in the name of an LLC owner should take counsel before signing anything.

Two further provisions. Section 47-32-01.1 gives a mobile home park tenant a defence based on a landlord's violation of § 47-10-28, and where the court finds such a violation it may not order an eviction. Section 47-32-05 allows sealing of eviction records seven years after a satisfied nonpayment or damage judgment where the person has not been evicted elsewhere in that period, and allows a domestic violence victim evicted because of a domestic violence incident to move to seal on conviction of the assailant or issuance of a qualifying restraining or protection order.

Common mistakes to avoid

• Citing Chapter 33-06 for eviction, when evictions are governed by Chapter 47-32

• Serving a three-day notice of intention to evict for grounds 1, 2, 3 or 7, or omitting it for grounds 4, 5, 6 or 8

• Treating the first three days after rent is due as a notice period, when they are part of the ground itself under § 47-32-01(4)

• Filing an eviction in the name of an LLC or corporate owner without a licensed North Dakota lawyer

• Taking more than one month's rent as a deposit without falling within the felony-incentive or prior-judgment exception in § 47-16-07.1(1)

• Charging a pet deposit for a service or companion animal required as a reasonable accommodation

• Holding deposits outside a federally insured interest-bearing savings or checking account

• Running the 30-day deposit clock from termination alone, when the statute requires termination and delivery of possession

• Withholding without reasonable justification, which exposes the lessor to treble damages under § 47-16-07.1(4)

• Selling the property without transferring the deposit, since the grantor is not relieved of liability until transfer

• Skipping the condition statement required by § 47-16-07.2 when entering the rental agreement, which is prima facie proof of condition

• Entering without notice of a time certain outside the emergency, abandonment or substantial-violation situations in § 47-16-07.3

• Assuming repair-and-deduct is capped, when § 47-16-13 prescribes no dollar ceiling

• Relying on a duty-shifting agreement as a condition of the rental agreement, contrary to § 47-16-13.1(6)

• Using a longer-than-one-month termination notice clause without a space for the lessee to initial next to it

• Enforcing an automatic renewal clause without written notice at least 30 days before expiry

• Charging a fee merely for accepting rent by cash, check or money order, contrary to § 47-16-20.1

• Disposing of abandoned property before 28 days, or treating property worth more than $2,500 as covered by § 47-16-30.1

• Expecting a long stay of execution, when § 47-32-04 caps a hardship stay at five days and bars it where the judgment rests on disturbance of the peace

Building a North Dakota file that holds up

North Dakota's rules put unusual weight on documents created at the start of the tenancy and on dates recorded during it.

Five records carry most of it. The signed condition statement under § 47-16-07.2, because the statute makes it prima facie proof. The lease template's initial line for any termination notice period longer than one month, because without it the tenant keeps the one-month option. The automatic renewal notice and its date, because a missed 30-day notice converts the tenancy to month-to-month. The date every repair complaint arrived and what was done next, because § 47-16-13 turns on notice plus a reasonable time and prescribes no ceiling. And the deposit sequence: the termination date, the date possession was delivered, the 30-day deadline, the itemisation, and the account the money sat in.

Portfolio-level dashboards and reports that surface every approaching 30-day deposit deadline and every lease within 30 days of an automatic renewal date turn two easily missed clocks into visible dates.

Managers running multi-state portfolios will find the structural contrast useful. Oklahoma's Title 41 is a single residential act covering the same ground in one place. Ohio's eviction process prescribes exact notice language. Georgia's dispossessory proceedings require a demand for possession but no statutory notice period. North Dakota splits the same subject matter across two chapters that must be read together.

Conclusion

North Dakota rewards managers who read both chapters and punishes those who assume a single unified act.

Chapter 47-16 governs the tenancy. A one-month deposit cap with two narrow exceptions and a separate pet deposit, held in a federally insured interest-bearing account, itemised within 30 days of termination and delivery of possession, with treble damages for withholding without reasonable justification. A mandatory signed condition statement that carries prima facie weight. Entry on consent identifying a time certain, with consent presumed from silence. Six landlord duties, with the code-compliance duty controlling where it is greater. And a repair-and-deduct remedy with no prescribed ceiling.

Chapter 47-32 governs possession. Eight grounds, a three-day notice of intention to evict for four of them, an appearance date 3 to 15 days out, service at least three days before appearance in county and seven days elsewhere, no counterclaims beyond setoff, and a hardship stay capped at five days.

The operating discipline is short. Get the condition statement signed when the rental agreement is entered. Put an initial line next to any longer notice clause. Calendar automatic renewal notices 30 days out. Date every repair complaint. Run the deposit clock from the later of termination and delivery of possession. Pick the right eviction ground before deciding whether a notice is required. And never charge a fee merely for accepting a rent payment by cash, check or money order.

This blog is for informational purposes only and does not constitute legal advice. It states the law as at September 2026 and is drawn from Chapters 47-16 and 47-32 of the North Dakota Century Code as published by the North Dakota Legislative Branch. Evictions are governed by Chapter 47-32; guides citing the former Chapter 33-06 are out of date. House Bill 1272 of the 69th Legislative Assembly, which would have amended § 47-16-07.1 and added mandatory inspection provisions, failed on second reading in the House on 7 February 2025 and did not become law. Mobile home park tenancies involve Chapter 47-10 and § 47-32-01.1, and housing authorities are governed by Chapter 23-11. Where a rental property is held by a legal entity, North Dakota case law restricts who may represent that entity in an eviction. Verify the current statutory text before acting and consult a licensed North Dakota attorney on a specific matter.

Frequently asked questions

Q1. How much can a North Dakota landlord charge as a security deposit?
One month's rent, except up to two months from an individual convicted of a felony as an incentive to rent, or from an individual with a judgment against them for violating a previous rental agreement. A separate pet deposit provision allows the greater of $2,500 or two months' rent.

Q2. When must a North Dakota security deposit be returned?
Within 30 days after termination of the lease and delivery of possession, with an itemisation of any amount applied and written notice of the balance due either way. Both events must occur before the clock starts.

Q3. What is the penalty for wrongly withholding a deposit?
Treble damages. Section 47-16-07.1(4) makes a lessor liable for three times any security deposit money withheld without reasonable justification.

Q4. How much notice must a North Dakota landlord give before entering?
There is no fixed hours-based period. Outside emergency, suspected abandonment or reasonable belief of a substantial lease violation, the landlord must notify and obtain consent identifying a time certain, and consent is presumed if the tenant does not object.

Q5. Can a North Dakota tenant repair and deduct?
Yes, and § 47-16-13 prescribes no dollar ceiling. If the lessor neglects repairs within a reasonable time after notice from the lessee, the lessee may repair and deduct the expense, recover it another lawful way, or vacate and be discharged from further rent.

Q6. How much notice ends a month-to-month tenancy in North Dakota?
At least one calendar month's written notice, given at any time. Where a lease requires longer notice from the tenant, the clause must state the requirement with space to initial, and without that initial the tenant may still terminate on one calendar month's notice.

Q7. When is a three-day notice of intention to evict required?
Only for grounds 4, 5, 6 and 8 of § 47-32-01, covering holdover and nonpayment, possession after certain sales or cancellations, wrongful possession after partition, and material lease violations. The other four grounds carry no statutory notice requirement.

Q8. How quickly does a North Dakota eviction hearing happen?
The summons must set the appearance not fewer than three nor more than fifteen days from issuance. On judgment for the landlord the court enters immediate restitution, with a hardship stay of up to five days unless the judgment rests on disturbance of the peace.