North Dakota trusts landlords with a lot: no rent control anywhere in the state, no cap on late fees, and an eviction calendar that moves faster than any neighbor's. The trade is that deposit handling is strict, and the penalty for getting it wrong is triple damages (N.D.C.C. § 47-16-07.1). So let's start where the money is.
Taking the deposit: one month's rent, three exceptions, and a required bank account
You can't demand more than one month's rent as security, "however denominated" (N.D.C.C. § 47-16-07.1). Renaming it a move-in fee doesn't dodge the cap. Two exceptions raise the ceiling to two months' rent: an applicant with a felony conviction (the statute frames the bigger deposit as an incentive to rent to that person), and an applicant with a court judgment against them for violating a previous rental agreement.
Pets get their own line. For an animal that isn't a service or assistance animal, you may collect a pet security deposit up to the greater of $2,500 or two months' rent, on top of the regular deposit. Assistance animals required as a disability accommodation take no pet deposit at all, though § 47-16-07.5 lets you request reliable documentation when the disability isn't apparent or already known.
Where the money sits is regulated too. Deposits go into a federally insured, interest-bearing savings or checking account held for the tenant's benefit. Whether the tenant collects that interest depends on tenure: stays of nine months or longer, the accrued interest is theirs at move-out; anything shorter, you keep it.
Two pieces of move-in paperwork are mandatory. Section 47-16-07.2 requires a statement describing the condition of the premises, signed by both parties; it becomes prima facie proof of move-in condition if you ever have to defend a deduction. And for pre-1978 buildings, federal law adds the lead-based paint disclosure and EPA pamphlet. State-specific lease and notice templates live in our forms library.
Returning it: 30 days, itemized, or you owe triple
The clock starts when the lease terminates and the tenant delivers possession. From that point you have 30 days to deliver or mail the refund, with a written itemization of every dollar withheld, to the tenant's last furnished address (N.D.C.C. § 47-16-07.1). Our North Dakota quick-reference page keeps these numbers at hand, and Rentari can track the 30-day clock per tenancy automatically.
Legitimate deductions: unpaid rent, damage caused by the tenant's negligence (or their pet or guest), and the cleaning or repairs needed to return the unit to its move-in state, reasonable wear and tear excepted. The signed condition statement from day one is your evidence.
Withhold money "without reasonable justification" and the statute makes you liable for treble damages. A $1,200 deposit wrongly kept becomes a $3,600 judgment before you've paid your own lawyer. The neighbors run gentler regimes: Iowa allows deposits up to two months' rent with the same 30-day return window, Kansas caps unfurnished deposits at one month with 30 days to account, and Minnesota is tougher still, with a three-week deadline and interest owed on every deposit regardless of tenancy length.
One tail risk: a refund the tenant never claims doesn't quietly become yours. After one year, unclaimed deposit money falls under North Dakota's unclaimed-property reporting rules.
Rent increases, late fees, and the statewide rent-control ban
No North Dakota city or county can regulate what you charge. Section 47-16-02.1 prohibits political subdivisions from enacting rent control on private residential or commercial property, so the rule is identical in Fargo, Bismarck, and every township in between.
On a month-to-month tenancy you raise rent, or change any other term, with written notice at least 30 days before the end of the month; the new terms bind the tenant who stays past that month (N.D.C.C. § 47-16-07). The tenant gets a short escape hatch in return: after a change-of-terms notice, they may end the tenancy on 25 days' notice (§ 47-16-15(3)). Mid-term increases on a fixed lease need lease language allowing them.
Late fees have no statutory cap in North Dakota, but they're a creature of the lease, so they must actually appear there. Keep them proportionate anyway: a court can refuse to enforce an unconscionable rental provision under § 47-16-13.3.
Ending a month-to-month tenancy takes at least one calendar month's written notice from either side (§ 47-16-15(2)). If your lease demands longer notice from the tenant, that clause must be separately initialed at signing or it snaps back to one month. Auto-renewal clauses carry their own trap: in a fixed-term residential lease of two months or more, you must remind the tenant of the renewal in writing at least 30 days before the lease expires, or the clause fails and the tenancy converts to month to month (§ 47-16-06.1). The full chapter is on the legislature's site: N.D.C.C. chapter 47-16.
Entering an occupied unit when there's no fixed-hours rule
North Dakota skips the flat 24-hour entry rule many states use. Under § 47-16-07.3 you may enter during reasonable hours, in a reasonable manner, for inspections, repairs, agreed services, or showings, and unless it's impractical you must first notify the tenant and get consent to a specific time. Two softeners are built in: the tenant can't unreasonably withhold consent, and consent is presumed if they don't object after you've named the time.
Emergencies, reasonably suspected abandonment, or a substantial lease violation let you enter at any time. What never flies is using access to pressure anyone; the statute expressly bars entry used to harass or intimidate a tenant.
Eviction: a 3-day notice, then one of the fastest court calendars in the country
Rent is late on day one, but the eviction ground ripens when the tenant "fails to pay rent for three days after the rent is due" (N.D.C.C. § 47-32-01(4)). Holding over after the term, materially violating the lease, and conduct that unreasonably disturbs other tenants are grounds too.
Before filing, you serve a three-day written notice of intention to evict stating the grounds (§ 47-32-02). North Dakota gives the tenant no statutory right to cure inside those three days; paying late doesn't erase the case by law, though accepting payment and standing down is often the sensible business call.
Then it moves. Eviction is a summary action in district court, and the summons must set the tenant's appearance no fewer than 3 nor more than 15 days out. Counterclaims are barred except as setoffs to rent or damage claims, a winning landlord gets judgment for immediate restitution, and the longest hardship stay a court may grant is five days (§ 47-32-04). Start to finish, a clean nonpayment case often wraps in two to four weeks.
What you can't do: change the locks, cut utilities, or haul belongings to the curb. Forcible or stealthy retaking is exactly the conduct the eviction chapter polices (§ 47-32-01), and only the sheriff executes a judgment. An evicted tenant remains liable for rent through the rest of the term, subject to your duty to mitigate (§ 47-16-13.7).
Habitability duties and the tenant's repair-and-deduct card
Section 47-16-13.1 sets your baseline: comply with health-and-safety codes, keep the unit fit and habitable, keep common areas clean and safe, maintain electrical, plumbing, heating, and supplied appliances in working order, provide garbage receptacles and removal, and supply running water, reasonable hot water, and reasonable heat.
Neglect a needed repair for a reasonable time after the tenant notifies you and § 47-16-13 hands them three remedies: repair and deduct the cost from rent, recover the cost another lawful way, or vacate and be released from further rent. Courts may also award attorney's fees to the prevailing party in disputes under these sections. Fast, documented responsiveness is cheaper than all of it.
What the 2025 legislature changed (one thing that matters)
The 69th Legislative Assembly left the core landlord-tenant chapter alone but added one law you'll feel at screening time: SB 2238, signed March 26, 2025 and effective August 1, 2025, created N.D.C.C. § 47-32-05 on sealing eviction records.
It runs on two tracks. A tenant evicted for nonpayment or property damage may move to seal the court file seven years after satisfying the judgment, provided they haven't been evicted again since. A tenant evicted over a domestic-violence incident may move to seal immediately once the assailant is convicted or placed under a restraining or protection order. Because the seven-year clock reaches back to old cases, evictions satisfied in 2018 or earlier are already eligible, so an empty North Dakota court search no longer proves an empty history. Full chapter text: N.D.C.C. chapter 47-32.
FAQ: quick answers for North Dakota landlords
How much security deposit can I charge in North Dakota?
One month's rent in most cases (N.D.C.C. § 47-16-07.1). You may go to two months for an applicant with a felony conviction or a prior judgment for breaking a lease, and add a pet deposit up to the greater of $2,500 or two months' rent for a non-assistance animal.
How long do I have to return the deposit?
30 days from lease termination and delivery of possession, with a written itemization of anything withheld. Unjustified withholding exposes you to treble damages.
Is there a grace period for rent?
Not a true payment grace period, but the nonpayment eviction ground only arises once rent is three days late, and you must then serve a 3-day notice of intention to evict before filing. Late fees are whatever the lease reasonably provides; no statute caps them.
How much notice do I need to raise rent?
On month-to-month, written notice at least 30 days before the end of the month, effective the following month (§ 47-16-07). A fixed-term rent can't change mid-lease unless the lease says so.
Can Fargo or Bismarck adopt rent control?
No. Section 47-16-02.1 bars every North Dakota political subdivision from rent control on private property.
This guide is general information for North Dakota rental owners, not legal advice. Statutes get amended and courts refine how they apply, so before acting on a close call, read the current Century Code text or ask a North Dakota landlord-tenant attorney.