North Dakota Landlord-Tenant Law for DIY Landlords (2026)

Security deposits, late fees, notice periods, the 3-day notice of intention to evict and the eviction timeline in North Dakota, in plain English for landlords who manage their own rentals.

Last updated September 23, 2026

North Dakota keeps its rental rules in one short chapter of the Century Code, N.D.C.C. ch. 47-16, with evictions handled separately under ch. 47-32. The chapter is thin compared to most states. That cuts both ways. There is less to memorize, and there are fewer written rules to lean on when a tenant argues.

Here is what a small landlord in North Dakota has to get right, with the code section behind each rule.

Security deposits

The cap is one month's rent. You cannot demand more than one month's rent as a security deposit for a residential tenancy (N.D.C.C. § 47-16-07.1). Two narrow exceptions let you ask for up to two months' rent. One covers an applicant with a felony conviction. The other covers an applicant with a prior judgment against them from a rental agreement.

A pet deposit sits on top, with its own ceiling. You may take a separate pet deposit up to the greater of $2,500 or two months' rent. It does not apply to a service animal (§ 47-16-07.1).

The money goes in an interest-bearing account. North Dakota requires the deposit to sit in a federally insured interest-bearing savings or checking account held for the tenant's benefit (§ 47-16-07.1). Interest belongs to the tenant. If the tenancy runs less than nine months, you do not owe interest.

You have 30 days to account for it. After the lease ends, you may apply the deposit to damage beyond normal wear, unpaid rent and the cost of cleaning or repairs. Anything you keep has to be itemized in writing and delivered inside 30 days of termination (§ 47-16-07.1).

The penalty is triple. Withhold deposit money without reasonable justification and you are liable for treble damages (§ 47-16-07.1).

Deposits follow the building. Sell the property and the deposits transfer to the new owner, who takes over the obligation. You stay on the hook until that transfer happens (§ 47-16-07.1).

The move-in condition statement

Before or at the time you sign the rental agreement, give the tenant a written statement describing the condition of the unit and the facilities in and around it (§ 47-16-07.2). Do it with photos attached and dated. That statement is the only neutral record you will have when you start itemizing eight months later.

Late fees

North Dakota's leasing chapter sets no late-fee cap and no statutory grace period. Your lease sets the fee. Keep it in writing and keep it reasonable, since a judge will look at it if the amount ends up in an eviction claim.

One related rule does exist. You may not charge a tenant a fee for accepting cash, a check or a money order for rent or for any other payment required under the lease (§ 47-16-20.1).

Rent increases and rent control

Cities and counties in North Dakota cannot cap rents on private property. State law blocks them, with a carve-out for property a political subdivision owns outright (§ 47-16-02.1).

On a month-to-month tenancy, you change the rent by changing the terms of the lease, and that takes at least 30 days' written notice before the change takes effect (§ 47-16-07). A tenant who does not want the new terms can walk with 25 days' notice (§ 47-16-15).

Automatic renewal

If your fixed-term lease runs two months or longer and carries an automatic renewal clause, you cannot enforce that clause without telling the tenant in writing at least 30 days before the current term ends. Personal delivery or first-class mail both work. Miss the notice and the lease expires and rolls into a month-to-month tenancy on the old terms (§ 47-16-06.1).

Entering the unit

You may enter at any time in an emergency, when you reasonably believe the unit has been abandoned, or when you reasonably believe the tenant is in substantial violation of the lease (§ 47-16-07.3).

For everything else, meaning inspections, repairs, services and showings, enter only during reasonable hours and in a reasonable manner. The statute asks you to notify the tenant first and get consent, which the tenant cannot unreasonably refuse, and your notice has to name a time certain. Consent is presumed if the tenant does not object after that notice. Notice can be personal, posted in a conspicuous place for a reasonable period, or any method that reaches the tenant. The statute sets no fixed number of hours, so write 24 hours into your lease and stick to it. Abusing access to harass a tenant is barred outright (§ 47-16-07.3).

Ending a month-to-month tenancy

Either side ends a month-to-month tenancy with at least one calendar month's written notice, given at any time (§ 47-16-15). Rent runs through the termination date. A longer notice period binds only if the parties agreed to it in writing and initialed it.

When rent isn't paid

Rent that stays unpaid for three days after the due date is a ground for eviction (§ 47-32-01).

Before filing, you have to serve a three days' written notice of intention to evict (§ 47-32-02). That notice goes out by personal service, by posting on the property, or by certified mail. Skip it and your case is dismissed at the first hearing.

The eviction process

Serve the notice. Three days' written notice of intention to evict, for nonpayment, lease violations and holdovers (§ 47-32-02).
File and serve the summons. The appearance date is set not fewer than 3 and not more than 15 days from the day the summons is issued (§ 47-32-02).
Hearing. An eviction action cannot be joined with other claims, apart from rent, profits or damages, so the hearing stays narrow and fast (§ 47-32-04).
Judgment and execution. Win, and the court enters judgment for immediate restitution of the premises. A tenant who shows substantial hardship can get execution stayed for a reasonable period of up to five days (§ 47-32-04).

Do the lockout yourself and you have created a second lawsuit. Possession comes from the sheriff acting on the court's execution, not from you and a drill.

Repairs and habitability

You have to comply with building and housing codes that materially affect health and safety, make all repairs needed to keep the place fit and habitable, keep common areas clean and safe, maintain the electrical, plumbing, heating, ventilation and appliances you supplied, handle garbage removal, and supply running water, reasonable hot water and reasonable heat (§ 47-16-13.1). You get a reasonable time to fix a problem once you know about it.

If you sit on a repair after the tenant tells you about it, the tenant can fix it and deduct the cost from rent, recover it another way, or move out and stop paying (§ 47-16-13). Answer repair requests in writing the day they arrive.

The short version

Deposit cap of one month's rent, two in two narrow cases, pet deposit separate
Deposit held in a federally insured interest-bearing account for the tenant
Itemized accounting within 30 days, treble damages for withholding without justification
Written condition statement at move-in
No statutory late-fee cap, no fee for accepting cash or a check
One calendar month's written notice to end a month-to-month
30 days' written notice to change lease terms or rent
Three days' written notice of intention to evict, then a hearing 3 to 15 days out

Let Taz handle the paperwork

Taz is an AI property manager for landlords who would rather not live in the code books. It tracks deposit deadlines, sends rent reminders, takes maintenance requests day and night, and keeps the records a North Dakota judge would ask for. See how Taz works.

Where this guide says a state has no rule on something, that means we found no statute setting one, which is not the same as none existing. Local ordinances and court practice can add requirements. Confirm anything you plan to rely on.

This guide is general information, not legal advice. Laws change, and your city or county may add rules. Talk to a North Dakota attorney before acting on a specific situation. Last checked September 2026.