North Dakota Tenant Rights Laws

If you rent your home, you probably know that there's a wide array of issues that can come up in the landlord-tenant relationship. To provide guidance and safeguard certain rights, North Dakota has a number of landlord-tenant laws, in addition to federal and local law. Read on to learn more about North Dakota's tenant rights laws and how they might apply to your situation.

Tenant Rights: From Discrimination to Eviction

Similar to federal law, North Dakota prohibits housing discrimination based on race, religion, disability, and other protected characteristics. This includes refusing to rent to someone or offering discriminatory terms and conditions based on those protected traits. Additionally, at the start of your tenancy, state law limits the amount your landlord may charge you for the security deposit to one month's rent.

You are also entitled to live in a unit in fit and habitable condition. This means your landlord must comply with the applicable housing codes materially affecting health and safety. They must also make necessary repairs and maintain services such as heating, air conditioning, and sanitation if those are supplied or required to be supplied by the landlord. However, you and your landlord can agree in writing that you will be responsible for certain repair and maintenance tasks under certain circumstances.

North Dakota Tenant Rights Laws at a Glance

The following chart provides a summary of North Dakota state law governing the landlord-tenant relationship, including links to important code sections.

Statutes

Security Deposits

  • Limit: One month's rent
  • Landlord must return all or part of the security deposit and written itemization of deductions within 30 days after termination of lease and moving out (with interest in many cases)
  • Part or all may be used only for certain purposes, including:
    • Unpaid rent
    • Cleaning or repairs necessary to return unit to original state, except reasonable wear and tear
    • Damages due to tenant's pet or negligence

Paying Rent

  • May not raise rent during lease term (e.g. 1 year lease) unless lease allows; may raise rent in month-to-month tenancy with 30 days' notice before end of month

Living Conditions

  • During reasonable hours and in reasonable manner, landlord may enter unit for certain reasons including:
    • To make necessary or agreed repairs
    • Supply necessary or agreed services
    • Exhibit unit to prospective purchasers or tenants
    • Emergency (no notice or consent required)
  • Landlord must maintain premises in fit and habitable condition: comply with applicable housing codes; make necessary repairs; maintain electrical, heating, air conditioning, plumbing, etc. (exceptions apply)
  • Landlord and tenant may agree to other repair and maintenance terms under certain conditions

Discrimination

  • No discrimination based on race, color, religion, sex, disability, age, familial status, national origin, or status with respect to marriage or public assistance

Ending or Renewing a Tenancy

  • Notice required to terminate tenancy with no fixed end date:
    • Yearly tenancy: one month
    • Monthly tenancy: one month (unless otherwise agreed in writing)
    • Week-to-week tenancy: one week
    • Eviction: three days for nonpayment of rent; three days for lease violation
  • Eviction: court order required

Retaliation

  • No state law prohibiting landlord from retaliating against tenant for exercising tenant rights

Note: State regulations are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

North Dakota Tenant Rights Laws: Related Resources

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