North Dakota (ND) law guide
Quick answer
North Dakota caps security deposits at 1 month's rent (up to 2 months for higher-risk tenants) and requires landlords to return them within 30 days of move-out. The state has no rent control, and landlords must give at least 30 days' notice before raising rent on a month-to-month lease. For nonpayment of rent, landlords must serve a 3-day pay-or-quit notice before filing for eviction.
Security deposit limit
1 month's rent (up to 2 months for higher-risk tenants)
Deposit return deadline
30 days after move-out
Statewide rent control
None
Nonpayment eviction notice
3 days (pay or quit)
North Dakota rental market snapshot
Population
780,000
Renter households
About 35%
Median rent
~$1,260/mo (2BR)
Largest rental markets
Fargo, Bismarck, Grand Forks, Minot, Dickinson
Fargo is the largest rental market, where renters occupy roughly 56% of housing units and 2BR rents run above the statewide average. Bismarck averages around $1,030/mo across all unit sizes.
North Dakota limits security deposits to 1 month's rent for most tenants. Landlords may charge up to 2 months' rent if the tenant's credit or rental history presents higher risk (NDCC §47-16-07.1).
The deposit must be returned within 30 days of move-out with an itemized written statement of any deductions. Landlords who act in bad faith risk liability for the full deposit plus potential treble damages and attorney's fees.
North Dakota has no statewide rent control, so landlords may set and increase rent freely. For month-to-month tenancies, landlords must give at least 30 days' written notice before a rent increase takes effect.
North Dakota law does not cap late fees, but fees must be disclosed in the lease. There is no mandatory grace period under state law, though a lease may create one.
For nonpayment of rent, landlords must serve a 3-day pay-or-quit notice before filing in court (NDCC §47-32-01.1). If the tenant pays in full within those 3 days, the eviction does not proceed.
After the notice period expires, landlords file a Forcible Entry and Detainer action in District Court. A hearing is typically scheduled 3 to 15 days after filing, making North Dakota's process relatively fast.
North Dakota does not specify an exact statutory entry-notice period, but 24 hours' advance notice is the widely recognized standard for non-emergency entry. Landlords must enter at reasonable times except in genuine emergencies.
Landlords must keep the unit in a fit and habitable condition and maintain all plumbing, heating, and electrical systems. While the statute does not set a fixed repair deadline, courts treat failure to act within a reasonable time (typically 7 to 30 days depending on severity) as a violation.
Every North Dakota tenant is entitled to a habitable unit with working heat, plumbing, and weatherproofing. If the landlord fails to maintain habitability after written notice, tenants may pursue rent escrow through the courts.
Landlords may not retaliate against tenants for complaining to a housing authority, requesting repairs, or joining a tenant organization. A retaliatory eviction or rent increase within a reasonable time after protected activity can be challenged in court.
North Dakota follows the federal Fair Housing Act, prohibiting discrimination based on race, color, national origin, religion, sex, familial status, and disability. State law adds protection for lawful source of income in some contexts.
Tenants may break a lease early without penalty for documented domestic violence, active military deployment (Servicemembers Civil Relief Act), or landlord failure to maintain habitability. Otherwise, tenants remain liable for rent through the end of the lease term, though landlords must make reasonable efforts to re-rent. North Dakota small claims court handles disputes up to $15,000.
This guide is general information, not legal advice. Governing statute: North Dakota Century Code, Chapter 47-16. Laws change; confirm the current statute or consult an attorney before acting. Last reviewed 2026-06-05.
North Dakota FAQ
The standard cap is **1 month's rent**. Landlords may charge up to **2 months' rent** if the tenant's credit or rental history makes them a higher risk. Pet deposits may be added on top of this.
Landlords must return the deposit (with a written itemization of any deductions) within **30 calendar days** after the tenant moves out and the lease ends. Missing that deadline can expose the landlord to liability for the full deposit amount plus damages.
No. North Dakota has **no statewide or local rent control**. Landlords may raise rent to any amount, but must give at least **30 days' written notice** before a rent increase takes effect on a month-to-month lease.
Landlords must serve a **3-day pay-or-quit notice** before filing for eviction. The tenant has 3 days to pay the full amount owed or move out. If payment is made in full, the eviction process stops.
Landlords must give **reasonable advance notice** before entering, with **24 hours** being the recognized standard. Entry must happen at reasonable times. In a genuine emergency, a landlord may enter without prior notice.
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