North Dakota Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

Security deposits

Max

One month's rent. Exceptions: up to two months' rent from an individual convicted of a felony offense as an incentive to rent to them, or from an individual who has had a judgment entered against them for violating a previous rental agreement (§ 47-16-07.1(1)). A separate pet security deposit (not for service or companion animals required as a disability accommodation) may be charged, up to the greater of $2,500 or two months' rent (§ 47-16-07.1(2)).

Return deadline days

30 days

Itemization required

Yes

Interest required

Yes. The landlord must hold the deposit in a federally insured interest-bearing savings or checking account for the tenant's benefit, and pay the deposit and accrued interest on termination of the lease, less permitted deductions. No interest is owed if the period of occupancy was less than nine months (§ 47-16-07.1(1), (3)).

Source: N.D.C.C. § 47-16-07.1

Late fees

Rule

Chapter 47-16 sets no cap, grace period or other rule on residential late fees (other chapters of the code were not searched). Any late fee must come from the lease. 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 (§ 47-16-20.1).

Source: N.D.C.C. ch. 47-16 (no late-fee provision found); § 47-16-20.1

Landlord entry

Notice

The landlord may enter at any time in an emergency, or if the landlord reasonably believes the tenant has abandoned the premises or is in substantial violation of the lease. Otherwise entry is allowed only during reasonable hours and in a reasonable manner, for inspection, necessary or agreed repairs and alterations, supplying services, or showing the unit to buyers, insurers, mortgagees, agents, tenants, workers or contractors. Unless impractical, the landlord must first notify the tenant and obtain consent (not to be unreasonably withheld) that identifies a time certain; consent is presumed if the tenant does not object after notice of entry at a time certain. Notice may be given in person, by posting in a conspicuous place for a reasonable period, or by any method that results in actual notice. The statute sets no fixed number of hours of notice. The landlord may not abuse access or use it to harass or intimidate (§ 47-16-07.3).

Source: N.D.C.C. § 47-16-07.3

Ending a month-to-month tenancy

Tenant

Unless the parties agreed in writing to a longer period or different timing, at least one calendar month's written notice, given at any time; rent is due through the termination date (§ 47-16-15(2)). If the landlord changes lease terms under § 47-16-07, the tenant may terminate at the end of the month with at least 25 days' notice (§ 47-16-15(3)). A lease requiring more than one month's notice for residential property must state the requirement and have a space for the tenant's initials; if not initialed, the tenant may terminate on the last day of a month with one calendar month's notice (§ 47-16-15(4)).

Landlord

Same as the tenant: at least one calendar month's written notice at any time (§ 47-16-15(2)). For eviction, a tenant who holds over or fails to pay rent for three days after it is due may be evicted, but three days' written notice of intention to evict must first be given before proceedings are started; the same 3-day notice applies where the tenant violates a material term of the written lease. Notice may be served like a summons or, if the party cannot be found, posted conspicuously on the premises by the sheriff or a process server (§§ 47-32-01(4), (5), (6), (8), 47-32-02). A residential lease for a specified term of two months or more cannot be renewed under an automatic renewal clause unless the landlord gave written notice of the clause (personally or by first-class mail) at least 30 days before expiry; otherwise the lease expires and converts to month-to-month (§ 47-16-06.1).

Source: N.D.C.C. §§ 47-16-15, 47-16-06.1, 47-32-01, 47-32-02

Rent increases

Rule

For a month-to-month lease, the landlord may change terms (including rent) effective at the end of a month by giving written notice at least 30 days before the end of the month. The notice may be served in any reasonable manner that actually informs the tenant. If the tenant stays after the month ends, the new terms become part of the lease. The tenant may terminate at the end of the month by giving at least 25 days' notice (§§ 47-16-07, 47-16-15(3)). The statute sets no cap on the amount of an increase.

Statewide rent control

Rent control is prohibited: a political subdivision may not enact, maintain or enforce an ordinance or resolution that would control the amount of rent charged for leasing private residential or commercial property (§ 47-16-02.1).

Source: N.D.C.C. §§ 47-16-07, 47-16-15(3), 47-16-02.1

Repairs & habitability

Rule

A residential landlord must comply with building and housing codes materially affecting health and safety; make all repairs needed to keep the premises fit and habitable; keep common areas clean and safe; keep electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other supplied facilities and appliances in good and safe working order; provide waste receptacles and removal; and supply running water, reasonable hot water and reasonable heat (with exceptions). A reasonable time is allowed to remedy noncompliance (§ 47-16-13.1(1)-(2)). If the landlord neglects, within a reasonable time after the tenant's notice, to make repairs the landlord ought to make, the tenant may repair and deduct the cost from rent, recover it in any other lawful manner, or vacate and be discharged from further rent (§ 47-16-13). The tenant may also terminate the lease if the landlord does not put the property into good condition or repair it within a reasonable time after request (§ 47-16-17). Landlord and tenant of a single-family residence may agree in writing that the tenant performs some duties; for other units only by a separate signed writing in good faith (§ 47-16-13.1(4)-(6)). Tenants have their own upkeep duties (§ 47-16-13.2). Aggrieved parties may recover damages and must mitigate; the court may award attorney's fees to the prevailing party (§§ 47-16-13.5, 47-16-13.6).

Source: N.D.C.C. §§ 47-16-13, 47-16-13.1, 47-16-13.2, 47-16-13.5, 47-16-13.6, 47-16-17

Retaliation

We haven't verified a statewide rule for this yet. Check your lease, your city's rules, or a local tenant organization.

Source: N.D.C.C. ch. 47-16 (no general retaliation provision found). § 47-16-17.1(10) bars refusing to rent, or otherwise retaliating, solely because a tenant exercised the right to terminate a lease as a domestic violence victim.

Clauses often unenforceable in North Dakota

• A residential lease or provision a court finds unconscionable when made may be refused enforcement, limited, or enforced without the offending provision (§ 47-16-13.3)
• A residential lease clause requiring more than one month's notice to terminate that is not stated and initialed by the tenant: the tenant may still terminate with one calendar month's notice (§ 47-16-15(4))
• A security deposit above one month's rent, except the two-month and pet-deposit exceptions in § 47-16-07.1
• A fee charged for accepting cash, a check or a money order as rent payment (§ 47-16-20.1)
• Enforcement of an automatic renewal clause in a residential lease without the landlord's prior 30-day written notice (§ 47-16-06.1)