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North Dakota Landlord-Tenant Law 2026: The Complete Handbook
Deposits capped at 1 month's rent, 30-day return, 3-day pay-or-quit notice, 24-hour entry. Every North Dakota landlord rule with statutes and free tools.
Quick answer
North Dakotalate fee & security deposit rules (2026)
In North Dakota, a landlord's late fee has no statutory cap (it must be reasonable and stated in the lease), and no grace period is required by state law. Security deposits are limited to 1x rent and must be returned within 30 calendar days of move-out.
- Late fee cap: No statutory cap
- Grace period: None required by state law
- Max security deposit: 1x rent
- Deposit return deadline: 30 calendar days after move-out
- Deposit escrow: Not required
- Statutes: N.D. Cent. Code § 47-16-07.1
Tenby is an AI-powered property management platform for independent landlords managing 1-50 rental units. Tenby's compliance engine is loaded with North Dakota-specific rules — security deposit deadlines, required disclosures, late fee limits, and eviction notice requirements — automatically enforced for every North Dakota property.
North Dakota's landlord-tenant relationship is governed by the North Dakota Century Code, Chapter 47-16 (leasing of real property), with evictions handled under Chapter 47-32. North Dakota is landlord-friendly on late fees and rent increases, but it has a hard security deposit cap and a fast, strict eviction notice process. Here's everything you need to know.
Security deposits in North Dakota
| Rule | North Dakota Law |
|---|---|
| Maximum deposit | 1 month's rent |
| Return deadline | 30 days after move-out |
| Escrow required? | No |
| Interest required? | No |
| Itemized deductions? | Yes — written itemized statement required |
| Pet deposit allowed? | Yes — up to 2 months' rent for pet damage |
Key details:
- The security deposit is capped at one month's rent (N.D. Cent. Code § 47-16-07.1)
- A separate pet deposit is allowed, up to 2 months' rent to cover pet damage
- The deposit (or an itemized statement of deductions) must be returned within 30 days after the tenant vacates (N.D. Cent. Code § 47-16-07.1)
- Deductions must be itemized in writing — document everything with photos and receipts
> Check your numbers: Use our free North Dakota security deposit calculator to verify your deposit amount and return deadline are compliant.
Eviction process in North Dakota
North Dakota evictions run under Chapter 47-32 of the Century Code. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal — you must go through the court process.
Step 1: Serve proper notice
| Reason | Notice Period | Notice Type |
|---|---|---|
| Nonpayment of rent | 3 days | Notice to Pay Rent or Vacate |
| Month-to-month termination | 30 days | Notice to Terminate |
- For nonpayment, serve a 3-day Notice to Pay Rent or Vacate (N.D. Cent. Code § 47-32-01)
- The tenant has a right to cure — paying the full amount owed within the notice period ends the eviction
- To end a month-to-month tenancy, give 30 days' written notice (N.D. Cent. Code § 47-16-15)
Step 2: File an eviction action
If the tenant neither pays nor vacates, file an eviction action under Chapter 47-32 in the county where the property is located.
Step 3: Hearing and judgment
Both parties present their case at the hearing. If the court rules for the landlord, it issues a judgment for possession and the eviction is carried out by law enforcement — never by the landlord personally.
Practical tip: North Dakota's 3-day notice is one of the shortest in the country, but that makes precise documentation even more important. Serve the notice correctly, keep proof of service, and log every payment and communication.
Late fees in North Dakota
| Rule | North Dakota Law |
|---|---|
| Grace period | Not required by statute |
| Maximum fee | No statutory cap — must be "reasonable" |
| Must be in lease? | Yes |
| Daily fees allowed? | Yes, if specified in lease |
> Calculate your late fee: Use our free North Dakota late fee calculator to check if your proposed fee is compliant. Also try our prorated rent calculator for move-in/move-out calculations and rent estimate tool to see if your rent is at market rate.
North Dakota has no statutory grace period and no statutory cap on late fees. The fee must be authorized in the lease. Courts can refuse to enforce a fee that operates as a penalty, so keep fees proportionate — a modest percentage of monthly rent is far more defensible than a large flat charge.
Landlord entry in North Dakota
| Rule | North Dakota Law |
|---|---|
| Notice required? | Yes |
| Minimum notice period | 24 hours |
| Emergency exceptions | Yes — no notice required for emergencies |
- Give the tenant at least 24 hours' notice before entering (N.D. Cent. Code § 47-16-07.3)
- Emergencies (fire, flooding, gas leak, imminent danger) permit entry without notice
- Put your entry procedure in the lease and log every entry with a timestamp
Required disclosures in North Dakota
North Dakota landlords must provide the following:
- Lead paint disclosure — for properties built before 1978, disclose known lead-based paint hazards and provide the EPA "Protect Your Family From Lead in Your Home" pamphlet (federal requirement)
- Move-in condition statement — a written statement of the premises' condition at move-in, signed by both parties (N.D. Cent. Code § 47-16-07.2)
- No rent control — North Dakota has no state or local rent control
- 30 days' notice to terminate a month-to-month tenancy (N.D. Cent. Code § 47-16-15), which effectively sets the minimum notice for rent increases on month-to-month tenancies
- Cannot raise rent during a fixed-term lease unless the lease includes a rent increase clause
- There is no cap on the amount of a rent increase
- Maintain the property in habitable condition
- Comply with applicable building and housing codes
- Keep structural components, plumbing, heating, and electrical systems in good working order
- Maintain common areas
- Make repairs within a reasonable time after notice
- Keep the unit clean and sanitary
- Use appliances and systems reasonably
- Not damage the property
- Not disturb neighbors
- Notify the landlord of needed repairs promptly
- Habitable housing — the landlord must keep the premises fit to live in
- Repair and deduct — if the landlord fails to make needed repairs after notice, the tenant may make the repair and deduct the cost from rent (N.D. Cent. Code § 47-16-13); Tenby's compliance database applies a 14-day repair window before this remedy ripens
- No statutory rent withholding — unlike some states, North Dakota does not provide a statutory right to simply withhold rent; repair-and-deduct is the statutory self-help remedy
- Privacy — 24 hours' notice before landlord entry (N.D. Cent. Code § 47-16-07.3)
- Deposit protections — 1-month cap, itemized deductions, 30-day return
- Source-of-income protection — North Dakota law protects renters from discrimination based on lawful source of income (N.D. Cent. Code § 14-02.4-12); screen on ability to pay, not where the money comes from
- Domestic violence protections — under federal VAWA, tenants in certain federally subsidized housing have additional protections
- 1-month deposit cap enforced at lease creation
- 30-day deposit return tracking with countdown alerts
- Move-in condition statement workflow with photo documentation, signed by both parties
- 3-day Notice to Pay Rent or Vacate timeline guidance with notice generation
- 24-hour entry notice logging
- 30-day notice tracking for month-to-month terminations and rent increases
- Source-of-income screening guardrails built into the application flow
The move-in condition statement is your best deposit-dispute protection: pair it with time-stamped photos of every room.
Rent increase rules in North Dakota
Maintenance obligations
Landlord must:
Tenant must:
Tenant rights in North Dakota
Tenants in North Dakota have the right to:
How Tenby helps North Dakota landlords
Tenby's compliance engine handles North Dakota-specific requirements automatically:
The bottom line
North Dakota is landlord-friendly where it counts — no rent control, no late fee cap, no required grace period — but it draws hard lines around the deposit: one month's rent maximum, a signed move-in condition statement, itemized deductions, and a 30-day return deadline. Add the 3-day pay-or-quit notice and 24-hour entry rule, and the pattern is clear: move fast, but document everything. Follow Chapter 47-16, and you'll avoid most legal issues.
Landlord Law Watch
Never miss a North Dakota law change
This guide is current today — but North Dakota's late fee caps, deposit rules, grace periods, and notice requirements change more often than most landlords realize. Law Watch monitors the statutes and emails you the moment North Dakota moves: what changed, old vs. new, and what to update in your lease.
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