North Dakota Landlord-Tenant Laws (2026)
Last reviewed: July 2026
North Dakota caps most deposits at one month's rent, rising to two months for pet owners, and requires return within 30 days. Nonpayment evictions start with a 3-day notice of intention to evict. There is no rent control, and late fees just need to be reasonable and in the lease.
General information, not legal advice. Verify with the current statute or a local attorney before acting.
North Dakota landlord-tenant rules at a glance
| Security deposit limit | 1 month's rent (up to 2 months for pet owners or tenants with certain histories) |
|---|---|
| Deposit return deadline | 30 days |
| Notice to enter | Reasonable notice required (no fixed hour rule in statute) |
| Rent control | Preempted/none |
| Eviction notice (nonpayment) | 3-day notice of intention to evict |
| Late fee rule | No statutory cap, must be reasonable and stated in the lease |
| Month-to-month termination | 30 days (one calendar month) |
| Governing statute | North Dakota Landlord-Tenant Law (N.D.C.C. Ch. 47-16) |
Security deposits in North Dakota
The deposit rule in North Dakota is: 1 month's rent (up to 2 months for pet owners or tenants with certain histories). After the tenancy ends, the landlord must return the deposit within 30 days, typically with an itemized statement for any amounts withheld. Deductions are limited to unpaid rent, damage beyond normal wear and tear, and other charges the statute or lease allows — routine repainting and carpet aging from ordinary use generally cannot be charged to the tenant. Both parties should document the unit’s condition at move-in and move-out; disputes usually turn on that evidence.
Landlord entry and tenant privacy
North Dakota’s entry rule is: Reasonable notice required (no fixed hour rule in statute). Entry is generally limited to legitimate purposes such as repairs, inspections, and showings, and emergencies allow immediate entry everywhere. Where the statute is silent or vague, courts fall back on the tenant’s right to quiet enjoyment, so landlords should give written notice and enter at reasonable hours regardless of the statutory minimum.
Rent increases and rent control
Rent control status in North Dakota: Preempted/none. Even without rent control, a landlord cannot raise rent mid-lease unless the lease allows it, and periodic tenancies require proper advance notice of an increase — commonly the same notice period used to terminate (30 days (one calendar month) in North Dakota). Retaliatory increases after a tenant exercises a legal right are prohibited in most states.
Eviction process overview
For unpaid rent, North Dakota requires: 3-day notice of intention to evict. If the tenant does not pay or leave, the landlord files an eviction case (the name varies: unlawful detainer, summary process, forcible entry and detainer), serves the tenant, and attends a hearing. Only a court judgment followed by a sheriff or constable can remove a tenant — lockouts and utility shutoffs are illegal in every state. Timelines vary from a few weeks to several months depending on court backlog and whether the tenant contests the case.
Late fees
North Dakota’s late fee rule: No statutory cap, must be reasonable and stated in the lease. Even where no statutory cap exists, courts can strike down fees that operate as penalties rather than reasonable estimates of the landlord’s actual cost, and the fee must appear in the written lease to be enforceable.
Ending a lease or month-to-month tenancy
To end a month-to-month tenancy in North Dakota, the required notice is: 30 days (one calendar month). Fixed-term leases end on their own schedule unless renewed, though some states and cities require just cause or additional notice even at lease end. Notice should always be written, dated, and delivered by a method the statute recognizes.
Is North Dakota landlord-friendly or tenant-friendly?
North Dakota is generally considered landlord-friendly. North Dakota uses a quick 3-day eviction notice, has no rent control, and imposes few fee limits, though its deposit cap is stricter than in most landlord-friendly states.
Official source
The governing law is the North Dakota Landlord-Tenant Law (N.D.C.C. Ch. 47-16). Read the current text at the state’s official legislative site: https://ndlegis.gov/general-information/north-dakota-century-code.
North Dakota landlord-tenant law FAQs
- How much can a landlord charge for a security deposit in North Dakota?
- Security deposits in North Dakota are governed by the North Dakota Landlord-Tenant Law (N.D.C.C. Ch. 47-16). The deposit rule is: 1 month's rent (up to 2 months for pet owners or tenants with certain histories). After the tenancy ends, the landlord must return the deposit (minus properly documented deductions) within 30 days. Landlords who miss the deadline or take undocumented deductions can owe the tenant damages, so both sides should document the unit's condition at move-in and move-out and keep an itemized statement of any charges. Deposit rules are amended fairly often, so verify the current statute before relying on a specific number.
- How much notice does a landlord have to give before evicting for unpaid rent in North Dakota?
- For nonpayment of rent, North Dakota requires: 3-day notice of intention to evict. That notice is only the first step, a landlord cannot legally remove a tenant without then filing an eviction case and winning a court judgment, and self-help evictions (changing locks, shutting off utilities) are prohibited. Local courts and city ordinances can add procedural steps, so check the North Dakota Landlord-Tenant Law (N.D.C.C. Ch. 47-16) and local rules before starting an eviction.
- Can a landlord enter a rental property without permission in North Dakota?
- North Dakota's entry rule is: Reasonable notice required (no fixed hour rule in statute). Genuine emergencies (fire, flooding, gas leaks) are a standard exception in every state, and lease clauses can add detail but generally cannot strip a tenant's right to quiet enjoyment. For ending a month-to-month tenancy, North Dakota requires 30 days (one calendar month) of notice. When in doubt, put entry requests and termination notices in writing and confirm the current rule in the North Dakota Landlord-Tenant Law (N.D.C.C. Ch. 47-16).
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Related Lofty resources
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This page is general information, not legal advice. Laws change — verify with the current statute or a local attorney before acting. Rules reflect widely documented statutes as of July 2026; cities and counties in North Dakota may add their own requirements.