North Dakota Residential Lease Agreement
Free North Dakota residential lease agreement template: security deposit capped at one month's rent, 30-day return deadline. Attorney review available today.
Introduction
A residential lease agreement is a legally binding contract that sets the terms under which a tenant rents a landlord's residential property, including the rent, the length of the term, the security deposit, each side's responsibilities, and how the tenancy ends. In North Dakota, Century Code Chapter 47-16 governs residential leases. A landlord (also called a lessor) may not demand a security deposit above one month's rent, except up to two months' rent from a tenant convicted of a felony or with a prior judgment for violating a rental agreement, and a pet deposit is capped at the greater of $2,500 or two months' rent (N.D. Cent. Code Section 47-16-07.1). The deposit must be held in an interest-bearing account and returned, with an itemized statement of any deductions, within 30 days after the lease ends and the tenant returns possession. Landlords must give tenants a signed statement describing the condition of the premises at move-in (Section 47-16-07.2), on top of the federal lead-based paint disclosure for housing built before 1978. Landlords may enter only at reasonable hours, in a reasonable manner, and generally only after notice and consent to a time certain. Chapter 47-16 sets no statutory cap on late fees and no mandatory grace period, so those terms are left to the lease itself. Attorney review is available as an option before you sign.
Key Things to Know
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A residential lease agreement is a legally binding contract setting the terms under which a tenant rents a landlord's residential property: the rent, the term, the security deposit, each party's responsibilities, and how the tenancy ends.
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Security deposit cap and return deadline. A North Dakota landlord may not charge a security deposit above one month's rent, except up to two months' rent from a tenant convicted of a felony or with a prior rental-agreement violation judgment, and a pet deposit is capped at the greater of $2,500 or two months' rent. The deposit, held in an interest-bearing account, must be returned with an itemized statement within 30 days after termination and delivery of possession (N.D. Cent. Code Section 47-16-07.1).
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Required disclosures. Landlords must give tenants a signed move-in condition statement describing the state of the premises (N.D. Cent. Code Section 47-16-07.2), plus the federal lead-based paint disclosure for housing built before 1978 (42 U.S.C. Section 4852d).
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Entry notice. A landlord may enter only during reasonable hours and in a reasonable manner, and generally must first notify the tenant and get consent to a time certain; consent is presumed if the tenant does not object after notice.
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Late fees and grace period. Chapter 47-16 sets no statutory cap on late fees and no mandatory grace period before rent is considered late, so any late-fee terms come from the lease itself.
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Termination and rent-increase notice. Either party ends a month-to-month tenancy with at least one calendar month's written notice, and a landlord who wants to raise rent or change other terms on a month-to-month lease must give at least 30 days' written notice before the end of the month.
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Rent control. North Dakota has no rent control. State law affirmatively bars any city or county from enacting or enforcing an ordinance that would control the rent charged for residential or commercial property.
Key decisions before you file
Before you file a Residential Lease Agreement in North Dakota, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.
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North Dakota Requirements for Residential Lease Agreement
A North Dakota landlord may not demand a security deposit above one month's rent, except up to two months' rent from a tenant convicted of a felony or with a prior judgment for violating a rental agreement. A separate pet deposit may not exceed the greater of $2,500 or two months' rent (N.D. Cent. Code Section 47-16-07.1).
The security deposit must be held in a federally insured interest-bearing savings or checking account for the tenant's benefit. Interest is not required if the tenant's occupancy was less than nine months (N.D. Cent. Code Section 47-16-07.1).
Landlord must deliver or mail an itemized statement of deductions, along with the deposit balance due, within 30 days after termination of the lease and delivery of possession by the tenant. A landlord who withholds a deposit without reasonable justification may be liable for treble damages (N.D. Cent. Code Section 47-16-07.1).
Landlord must provide the tenant with a statement describing the condition of the facilities and premises at the time of entering the rental agreement, signed by both landlord and tenant. It constitutes prima facie proof of the premises' condition at the start of the lease (N.D. Cent. Code Section 47-16-07.2).
For any rental unit built before 1978, landlord must give the federal Lead-Based Paint Disclosure and any available records of known lead-based paint hazards, along with the EPA pamphlet (42 U.S.C. Section 4852d).
Landlord may enter only during reasonable hours and in a reasonable manner, for inspection or necessary or agreed repairs, and must generally first notify the tenant and receive consent to a time certain; consent is presumed from the tenant's failure to object after notice (N.D. Cent. Code Section 47-16-07.3).
Either party may end a month-to-month tenancy with at least one calendar month's written notice. A landlord changing lease terms, including raising rent, on a month-to-month tenancy must give at least 30 days' written notice before the end of the month (N.D. Cent. Code Sections 47-16-15 and 47-16-07).
North Dakota bars any city or county from enacting or enforcing rent control on residential or commercial property. Separately, a landlord may not charge a fee for accepting a check or other instrument of rent payment (N.D. Cent. Code Sections 47-16-02.1 and 47-16-20.1).
Frequently Asked Questions
A North Dakota lease should identify the landlord and tenant, the rental address, the term, the rent amount and due date, and the security deposit amount. It should also reflect Chapter 47-16 rules: the deposit cap, the 30-day return deadline, the signed move-in condition statement, entry-notice terms, and month-to-month notice periods, plus the federal lead-based paint disclosure for pre-1978 housing.
Generally up to one month's rent. A landlord may charge up to two months' rent as a security deposit from a tenant convicted of a felony or who has a prior judgment for violating a rental agreement, and a separate pet deposit may not exceed the greater of $2,500 or two months' rent (N.D. Cent. Code Section 47-16-07.1). The deposit must be returned, with an itemized statement of deductions, within 30 days after the lease ends and possession is delivered back.
Yes. You can generate a free North Dakota residential lease agreement using this template, then customize the parties, address, rent, and term. Attorney review is available afterward as an optional add-on, it is not automatic or required to use the free template.
No. Chapter 47-16 does not require a North Dakota residential lease to be notarized or witnessed to be valid. What the law does require is a signed statement describing the condition of the premises at move-in, which both landlord and tenant sign.
Generally no. A landlord may enter only during reasonable hours and in a reasonable manner, for purposes like inspection or repairs, and must first notify the tenant and receive consent to a time certain unless doing so is impractical. Consent is presumed if the tenant does not object after receiving notice of the intended entry time.
Two stand out. Federal law requires a lead-based paint disclosure for housing built before 1978 (42 U.S.C. Section 4852d). North Dakota law separately requires a signed statement describing the condition of the premises at the start of the tenancy, which serves as prima facie proof of that condition (N.D. Cent. Code Section 47-16-07.2).
Either the landlord or the tenant may end a month-to-month tenancy by giving at least one calendar month's written notice, unless they have agreed in writing to a longer or different notice period. A landlord who wants to change the terms, including raising rent, must give at least 30 days' written notice before the end of the month.
Chapter 47-16 sets no statutory cap on late fees and does not require any grace period before rent is considered late. Any late fee or grace period must instead be spelled out in the lease itself, so tenants should check what their specific lease says on the point.