Tenant Rights and Responsibilities in North Dakota
Renting property in North Dakota comes with specific legal protections and obligations governed by the state's Century Code. As a new tenant, you should understand your rights regarding security deposits, habitability standards, privacy, and the proper procedures for maintenance requests and lease termination.
North Dakota law limits security deposits to one month's rent (or up to two months' for tenants with pets or smoking), and landlords must return deposits within 30 days of lease termination with an itemized list of any deductions.
Key Considerations
Scenarios
Decisions
Scenarios
Decisions
Scenarios
Decisions
Relevant Laws
North Dakota Century Code Chapter 47-16 (Leasing of Real Property)
This is the primary statute governing landlord-tenant relationships in North Dakota. It covers essential aspects of the rental agreement, including security deposits, landlord's right of entry, tenant obligations, and eviction procedures. Understanding these laws is crucial for any tenant entering into a new rental agreement in North Dakota.
North Dakota Security Deposit Limitations (NDCC 47-16-07.1)
In North Dakota, landlords cannot charge more than one month's rent as a security deposit for unfurnished units or more than one and a half month's rent for furnished units. The landlord must return the deposit within 30 days after termination of the lease or provide an itemized statement explaining any deductions. This is important for new tenants to understand their rights regarding deposits.
North Dakota Landlord's Duty to Maintain Premises (NDCC 47-16-13.1)
Landlords in North Dakota must maintain rental properties in compliance with local housing codes and keep all common areas clean and safe. They must also maintain electrical, plumbing, heating, and other facilities in good working order. New tenants should be aware of these landlord obligations to ensure their rental property meets legal standards.
North Dakota Tenant's Right to Privacy (NDCC 47-16-07.3)
North Dakota law requires landlords to give reasonable notice (typically 24 hours) before entering a tenant's rental unit, except in emergencies. This protects a tenant's right to privacy and peaceful enjoyment of their rental property. New tenants should ensure their lease complies with these privacy protections.
North Dakota Fair Housing Act
This law prohibits discrimination in housing based on race, color, religion, sex, national origin, disability, or familial status. North Dakota also includes age and marital status as protected classes. New tenants should be aware of their rights against discrimination when applying for and living in rental housing.
Regional Variances
Major Cities in North Dakota
Fargo has some of the most tenant-friendly policies in North Dakota. The city requires landlords to provide 30 days' notice before increasing rent (compared to the state minimum of no required notice). Fargo also has a dedicated housing department that offers mediation services for landlord-tenant disputes before they escalate to formal legal proceedings.
As the state capital, Bismarck follows state law closely but has additional inspection requirements for rental properties. Landlords in Bismarck must register rental properties with the city and pass annual safety inspections. The city also provides a tenant advocacy program through its Community Development Department.
Grand Forks has specific ordinances related to student housing due to the University of North Dakota's presence. The city requires additional disclosures for properties marketed to students and has stricter noise and occupancy regulations. Grand Forks also enforces more detailed snow removal requirements for rental properties than other parts of the state.
Oil Boom Regions
Due to the oil boom, Williston has experienced unique rental challenges. The city has implemented temporary housing regulations that differ from the rest of the state, including specific rules for workforce housing. Rent prices in Williston can be significantly higher than state averages, and the city has implemented some rent stabilization measures not found elsewhere in North Dakota.
Similar to Williston, Watford City has special provisions for rapidly developed housing. The city requires more frequent property inspections and has stricter enforcement of building codes for new rental constructions. Tenants in Watford City may face different security deposit requirements, with some landlords permitted to charge higher deposits due to the transient nature of the workforce.
Rural Counties
Outside of Fargo city limits but within Cass County, rental regulations follow state law more strictly. Rural Cass County properties may have different utility responsibility structures, with tenants often responsible for more maintenance issues than in urban areas. The county also has different enforcement mechanisms for landlord-tenant disputes.
Burleigh County (surrounding Bismarck) has specific regulations regarding agricultural rental properties that may include both residential and farming components. These mixed-use rentals follow different rules regarding property maintenance and lease terminations than standard residential rentals in urban areas.
Rental properties on tribal lands within North Dakota (such as the Fort Berthold, Standing Rock, or Turtle Mountain reservations) may operate under tribal housing authorities with their own regulations that can differ significantly from state law. Tribal housing often has different application processes, eligibility requirements, and dispute resolution mechanisms.
Frequently Asked Questions
In North Dakota, tenants have several key rights, including: the right to a habitable living space, protection against illegal discrimination, proper notice before landlord entry (typically 24 hours except in emergencies), security deposit protections (landlords must return deposits within 30 days after move-out), and protection against retaliation. North Dakota law (Century Code Chapter 47-16) outlines these tenant rights and provides remedies if they are violated.
In North Dakota, landlords can charge a maximum security deposit of one month's rent for unfurnished units. If the unit is furnished, the security deposit can be up to 1.5 times the monthly rent. For tenants with pets, landlords may charge an additional pet deposit, but the total security deposit cannot exceed these limits. The landlord must return the deposit within 30 days after the tenant moves out, along with an itemized list of any deductions.
For month-to-month tenancies in North Dakota, either party must provide at least 30 days' written notice to terminate the lease. For fixed-term leases, notice requirements should be specified in the lease agreement. If a tenant breaks a lease early without legal justification, they may be responsible for rent until the unit is re-rented or until the lease expires, though landlords have a duty to mitigate damages by attempting to find a new tenant.
In North Dakota, landlords must provide reasonable notice (typically 24 hours) before entering a rental unit for non-emergency matters such as repairs, inspections, or showing the property to prospective tenants. They may enter without notice only in genuine emergencies. Tenants cannot unreasonably deny access when proper notice is given, but landlords cannot abuse this right by making excessive or harassing visits.
North Dakota landlords must maintain rental properties in a habitable condition, which includes: maintaining structural elements, ensuring functioning plumbing, electrical, heating and cooling systems, providing proper trash receptacles, and addressing pest infestations not caused by tenant negligence. If a landlord fails to make necessary repairs after proper notice, tenants may have the right to repair and deduct costs from rent, withhold rent, or terminate the lease, depending on the severity of the issue.
North Dakota law doesn't specify exact timeframes for repairs, but landlords must respond within a 'reasonable time' based on the nature and severity of the issue. For serious problems affecting habitability (like no heat in winter or no running water), repairs should be made promptly. For non-emergency repairs, tenants should submit written requests and allow a reasonable time (typically 7-14 days) before pursuing remedies like repair-and-deduct.
During a fixed-term lease in North Dakota, landlords cannot raise the rent until the lease expires, unless the lease specifically allows for rent increases. For month-to-month tenancies, landlords can increase rent with proper written notice (typically 30 days). North Dakota does not have rent control laws, so there are no limits on how much rent can be increased, but landlords cannot raise rent in a discriminatory manner or in retaliation for a tenant exercising legal rights.
If you believe you're facing housing discrimination in North Dakota, document all incidents and communications with your landlord. You can file a complaint with the North Dakota Department of Labor and Human Rights within 300 days of the alleged discrimination. You may also file a complaint with the federal Department of Housing and Urban Development (HUD) within one year. North Dakota law prohibits discrimination based on race, color, national origin, religion, sex, disability, and familial status.
North Dakota law does not explicitly provide for rent withholding, making this a risky option. Instead, if your landlord fails to make necessary repairs after receiving written notice, you may have the right to repair and deduct the cost from your rent (for minor issues), or in cases of serious habitability issues, you might be able to terminate the lease. Always document all repair requests in writing and consult with a legal aid organization before withholding rent.
If your landlord sells the property in North Dakota, they must either return your security deposit to you or transfer it to the new owner and notify you of this transfer in writing, including the new owner's name and address. The new owner then becomes responsible for your security deposit. If your original landlord fails to properly transfer the deposit, they remain liable to you for its return, even after selling the property.