Landlord Guide to Renting in North Dakota

North Dakota permits both oral and written rental agreements. However, leases for terms exceeding one year must be in writing under the Statute of Frauds (N.D. Cent. Code § 9-06-04). Written leases are strongly recommended to reduce disputes and clearly document obligations.

• Oral leases are enforceable for terms of one year or less; longer terms must be in writing (N.D. Cent. Code § 9-06-04)
• The lease should specify rent amount, due date, term, and responsibilities of each party
• Lease provisions that waive tenant rights under North Dakota law are generally unenforceable
• Month-to-month tenancies arise when no fixed term is agreed upon or upon expiration of a fixed-term lease without renewal

Under N.D. Cent. Code § 47-16-07.1, security deposits for residential leases are capped at one month's rent, unless the tenant poses a special risk (e.g., a pet or a history of damage). When the landlord collects more than one month's rent, specific conditions apply. The deposit must be deposited in a federally insured interest-bearing savings or passbook account if the tenancy exceeds nine months.

• Maximum deposit: one month's rent, with limited exceptions for documented special conditions (N.D. Cent. Code § 47-16-07.1)
• A pet deposit may be collected separately and is not subject to the one-month cap
• If the tenancy exceeds nine months, the deposit must be held in a federally insured interest-bearing account
• An itemized condition report is recommended at move-in and move-out to document the unit's condition

North Dakota requires landlords to provide certain disclosures to tenants before or at the commencement of a tenancy. These include federally mandated lead paint disclosures and state-specific requirements.

• Lead-based paint disclosure for properties built before 1978 (42 U.S.C. § 4852d)
• Name and address of the person authorized to manage the premises and receive service of process on behalf of the owner (N.D. Cent. Code § 47-16-07.3)
• Disclosure of any known conditions that could affect the health or safety of the tenant
• If the premises are in a flood zone, disclosure of that fact is recommended, though not expressly required by state statute

Rent is due on the date specified in the rental agreement. North Dakota does not mandate a statutory grace period for rent payments. The lease governs the terms for late fees, which must be reasonable.

• Rent is due on the date specified in the lease agreement
• No statutory grace period; any grace period must be established in the lease
• Late fees must be reasonable and specified in the lease
• Landlords may accept rent by check, money order, or other agreed-upon method

North Dakota imposes an implied warranty of habitability on residential landlords. Under N.D. Cent. Code § 47-16-13.1, landlords must maintain the premises in a habitable condition and comply with applicable health and safety codes. The landlord is responsible for major structural, plumbing, heating, and electrical systems.

• Maintain the premises in a fit and habitable condition (N.D. Cent. Code § 47-16-13.1)
• Comply with all applicable building and housing codes affecting health and safety
• Make necessary repairs within a reasonable time after written notice from the tenant
• Provide and maintain adequate heating, plumbing, electrical, and sanitary facilities

North Dakota does not have a specific statute setting a notice period for landlord entry. However, landlords are expected to provide reasonable notice (generally 24 hours) and enter only at reasonable times for legitimate purposes under the covenant of quiet enjoyment.

• No specific statutory notice period; reasonable notice is required under common law
• 24 hours is generally considered reasonable notice for non-emergency entry
• Permitted purposes include repairs, inspections, and showing the unit to prospective tenants or buyers
• Emergency entry is permitted without notice when there is imminent danger to persons or property

North Dakota has no statewide rent control, and municipalities are not authorized to enact local rent control ordinances. Landlords may increase rent freely, subject to lease terms and anti-retaliation protections.

• No statewide or local rent control in North Dakota
• Rent cannot be increased during a fixed-term lease unless the lease expressly permits it
• For month-to-month tenancies, at least 30 days' written notice is required before an increase (N.D. Cent. Code § 47-16-15(2))
• Retaliatory rent increases after a tenant exercises legal rights are prohibited (N.D. Cent. Code § 47-16-13.5)

North Dakota requires written notice to terminate periodic tenancies. The notice period depends on the type of tenancy. Fixed-term leases expire at the end of the stated term without separate notice unless the lease provides otherwise.

• Month-to-month tenancy: 30 days' written notice (N.D. Cent. Code § 47-16-15(2))
• Year-to-year tenancy: at least 3 months' notice before the end of the year (N.D. Cent. Code § 47-16-15(1))
• Nonpayment of rent: landlord must give a written demand to pay, then may proceed with eviction if not paid within 3 days (N.D. Cent. Code § 47-32-01)
• Fixed-term leases expire automatically without notice at the end of the term

Evictions in North Dakota follow a judicial process governed by N.D. Cent. Code Chapter 33-06 (Eviction of Tenants). After the required notice period expires, the landlord must file an eviction action in district court. Self-help evictions are prohibited.

• Serve the required written notice (3-day demand for nonpayment, or 30-day notice for termination of month-to-month tenancy)
• If the tenant does not comply, file an eviction action in district court (N.D. Cent. Code § 33-06-01)
• The court issues a summons; the tenant has 3 days to respond (N.D. Cent. Code § 33-06-02)
• If the court rules for the landlord, a writ of restitution is issued and executed by the sheriff

Under N.D. Cent. Code § 47-16-07.1, landlords must return the security deposit within 30 days after the tenant vacates and the tenancy ends. An itemized statement of any deductions must be provided.

• Return deadline: 30 days after the tenancy ends and the tenant vacates (N.D. Cent. Code § 47-16-07.1)
• Permissible deductions: unpaid rent, damages beyond normal wear and tear, and other charges specified in the lease
• An itemized written statement of deductions must accompany any withheld amount
• If the landlord fails to return the deposit or provide an itemization within 30 days, the tenant may recover the full deposit amount plus reasonable damages