North Dakota Roommate Agreement
The North Dakota rules that shape the document: no lodger law so removal requires a formal eviction, no statute on rent liability or deposit splitting, and a Housing Discrimination Act with three added protected classes.
Find out where you stand in North Dakota
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Introduction
A roommate agreement is a contract between co-tenants who share a home. It is not a lease, and it does not bind the landlord or change the terms of the lease the tenants signed. In North Dakota, several things shape the document beyond the national template: there is no lodger statute, so removing an unwanted roommate always requires the landlord to bring a formal eviction under the state's general eviction chapter, never self-help; no statute sets a default on joint-and-several rent liability, though the Attorney General's own tenant guidance states each tenant owes the full rent; no statute divides a security deposit among roommates; and the North Dakota Housing Discrimination Act adds three protected classes beyond the federal baseline while carrying a distinctive carve-out letting any landlord refuse an unmarried, opposite-gender roommate pairing outright.
Key Things to Know
- 1
North Dakota law lets any landlord, not just a small owner-occupant, refuse to rent a dwelling to two unrelated individuals of opposite gender who are not married to each other (N.D.C.C. Section 14-02.5-02(5)). This is a broader carve-out than the federal Mrs. Murphy exemption and applies regardless of the size of the building.
- 2
North Dakota has no lodger law. There is no statute letting an owner-occupier remove a co-occupant without a court proceeding. A roommate may be removed only by the landlord, and only through the general eviction procedure in N.D.C.C. ch. 47-32, which requires at least three days' written notice before an eviction may be filed.
- 3
No North Dakota statute defines whether an added roommate becomes a co-tenant on the lease or a subtenant of the original tenant, and none creates a right to bring in a roommate in the first place. That status is set entirely by the lease and by this Agreement, not by state law.
- 4
North Dakota has no statute setting a default rule on joint-and-several rent liability among roommates. The North Dakota Attorney General's tenant rights guidance states that each tenant is responsible for the entire amount of rent due, but that is agency guidance, not a codified statute, so the agreement should state each roommate's share explicitly.
- 5
No North Dakota statute apportions a security deposit among roommates. N.D.C.C. Section 47-16-07.1 governs only the landlord's return of the deposit to the lessee, so this Agreement is what actually controls how a deposit contributed by multiple roommates is divided.
- 6
The North Dakota Housing Discrimination Act (N.D.C.C. ch. 14-02.5) adds age, marital status, and public assistance status as protected classes beyond the seven-class federal Fair Housing Act baseline, and it applies to roommate selection and advertising alike.
- 7
A limited exemption lets certain small owner-occupied buildings and single-family rentals select a roommate on an otherwise-protected basis, but that exemption does not cover N.D.C.C. Section 14-02.5-03, the advertising ban, so a roommate ad may not state a discriminatory preference even where the owner-occupant could lawfully act on one.
Key decisions before you file
Before you file a Roommate Agreement in North Dakota, a few decisions shape the document: which option to choose and what each one means. The Roommate Agreement guide walks through them.
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North Dakota Requirements for Roommate Agreement
North Dakota Agreement Does Not Bind the Landlord
State plainly that the roommate agreement is a contract between the roommates only, does not modify the lease, and does not obligate the landlord, since no North Dakota statute defines whether an added roommate becomes a co-tenant or a subtenant.
North Dakota Removal Requires Formal Eviction
North Dakota has no lodger law. State clearly that roommates may not use self-help against one another and that only the landlord, through the general eviction procedure in N.D.C.C. ch. 47-32 with at least three days' written notice, can remove an occupant.
North Dakota Has No Codified Default on Joint Rent Liability
No North Dakota statute sets a default rule on joint-and-several liability for rent. The Attorney General's guidance states each tenant owes the full rent, but the agreement should still state each roommate's payment share explicitly rather than rely on that guidance alone.
North Dakota Has No Statutory Deposit-Apportionment Rule
N.D.C.C. Section 47-16-07.1 covers only the landlord's return of the deposit to the lessee. The agreement should set out how a security deposit contributed by multiple roommates is divided when one moves out.
North Dakota Housing Discrimination Act Added Classes and Advertising Rule
The agreement's roommate-selection language should reflect North Dakota's added protected classes (age, marital status, public assistance status), the limited small-owner selection exemption, and the fact that the advertising ban in N.D.C.C. Section 14-02.5-03 is not exempted.
North Dakota Local Occupancy Ordinance Check
Some North Dakota cities, including Fargo, cap the number of unrelated occupants in a single-family home through zoning. Note that roommates should confirm their city's current occupancy ordinance before finalizing the household size.