North Dakota Security Deposit Demand Letter
In North Dakota a landlord must itemize and return your security deposit within 30 days of the end of the lease. Money withheld without reasonable justification can cost treble damages. Attorney review available.
Introduction
A security deposit demand letter is a written demand a North Dakota tenant sends a former landlord to recover a security deposit that has not been returned, before filing in small claims court. North Dakota treats a security deposit as the tenant's money from the outset: the landlord must park it in a federally insured interest-bearing account held for the tenant's benefit, and both the deposit and its accrued interest come back to the tenant when the lease ends (N.D. Cent. Code Section 47-16-07.1(1)). If the money does not return, a written demand to the former landlord is the step that precedes a small claims filing. North Dakota gives the landlord 30 days after the lease terminates and possession is delivered to itemize any portion kept and mail or deliver that itemization, the amount due, and a written notice to the tenant's last furnished address (Section 47-16-07.1(3)). Deductions are confined to damage from the tenant's pet or the negligence of the tenant or a guest, unpaid rent, and cleaning or repairs needed to restore the unit to its original condition, reasonable wear and tear excepted (Section 47-16-07.1(3)(a)-(c)). Where a landlord keeps deposit money without reasonable justification, the statute imposes treble, or triple, damages, with no bad-faith label and no attorney fees provided (Section 47-16-07.1(4)). An unpaid demand can proceed to small claims for up to $15,000 (Section 27-08.1-01), within a six-year window to sue on a written lease (Section 28-01-16(1)). DocDraft prepares your North Dakota security deposit demand letter from your facts, with attorney review available before you send it.
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Key Things to Know
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The demand letter is the written step a North Dakota tenant uses to recover a withheld deposit from a former landlord before turning to small claims court.
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North Dakota requires the deposit to sit in a federally insured interest-bearing account for the tenant's benefit; the general cap is one month's rent, and a pet security deposit may not exceed the greater of $2,500 or two months' rent (N.D. Cent. Code Section 47-16-07.1(1)-(2)).
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Within 30 days after the lease terminates and possession is delivered, the landlord must itemize anything kept and mail or deliver that itemization, the amount due, and a written notice to the tenant's last furnished address (Section 47-16-07.1(3)).
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Permitted deductions reach only pet or negligence damage, unpaid rent, and cleaning or repairs to restore the unit to its original condition, reasonable wear and tear excepted (Section 47-16-07.1(3)(a)-(c)).
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Because repair charges stop at what restoring the original condition requires, reasonable wear and tear excepted, ordinary wear and tear cannot be charged to the tenant (Section 47-16-07.1(3)(c)).
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Deposit money withheld without reasonable justification exposes the landlord to treble, or triple, damages; the statute names no bad-faith standard and provides no attorney fees (Section 47-16-07.1(4)).
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An unpaid demand can go to small claims for up to $15,000 (Section 27-08.1-01), and a written-lease claim may be brought within six years (Section 28-01-16(1)).
Key decisions before you file
Before you file a Security Deposit Demand Letter in North Dakota, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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North Dakota Requirements for Security Deposit Demand Letter
30-Day Itemization and Return Deadline
Any portion of a North Dakota deposit not returned must be itemized and, with the amount due and a written notice, delivered or mailed to the tenant at the last address furnished within 30 days after termination of the lease and delivery of possession (N.D. Cent. Code Section 47-16-07.1(3)). Your demand letter should state that this deadline has passed.
Written Itemized Statement and Notice
When a North Dakota landlord keeps any part of the deposit, the written notice must itemize the amount applied and state any amount still due the landlord or the refund due the tenant (N.D. Cent. Code Section 47-16-07.1(3)). A missing itemization supports a demand for the full deposit.
Permitted Deductions
A North Dakota landlord may apply the deposit only toward damages from deterioration or injury caused by the tenant's pet or the negligence of the tenant or a guest, unpaid rent, and cleaning or repairs needed to return the unit to its original state (N.D. Cent. Code Section 47-16-07.1(3)(a)-(c)). Deductions outside these categories can be disputed.
No Deduction for Reasonable Wear and Tear
Cleaning and repair charges are limited to what is necessary to return the unit to its original state, reasonable wear and tear excepted, so a North Dakota landlord may not deduct for ordinary wear and tear (N.D. Cent. Code Section 47-16-07.1(3)(c)). Charges for normal use are improper.
Deposit Held in an Interest-Bearing Account
A North Dakota landlord must hold the deposit in a federally insured interest-bearing account for the benefit of the tenant, and the general deposit cap is one month's rent (N.D. Cent. Code Section 47-16-07.1(1)). The deposit and accrued interest are due to the tenant upon termination, subject to lawful deductions.
Treble Damages for Withholding Without Justification
A North Dakota landlord is liable for treble, or triple, damages for any security deposit money withheld without reasonable justification (N.D. Cent. Code Section 47-16-07.1(4)). The statute uses the standard of money withheld without reasonable justification rather than the phrase bad faith, and it does not provide for attorney fees.
Send With Proof of Delivery and Your Last Address
Send the demand to the landlord using a trackable method such as certified mail with return receipt, and give your last furnished address so the itemization and refund can reach you. Keep a copy of the letter and the delivery record for a later small claims filing.
Small Claims Limit and Deadline to Sue
If the demand is ignored, a North Dakota tenant may sue in small claims court where the amount claimed may not exceed $15,000 (N.D. Cent. Code Section 27-08.1-01). The deadline to sue on a written lease is six years (Section 28-01-16(1)), though filing promptly after the demand is the practical course.