North Dakota Tenant-Landlord Rental Laws & Rights for 2024

An Overview of North Dakota Tenant-Landlord Laws

North Dakota has a comprehensive set of laws governing the relationship between landlords and tenants. These laws aim to protect the rights of both parties and establish clear expectations for rental agreements. Understanding your rights and responsibilities as a landlord or tenant is crucial to maintaining a positive and lawful rental experience.

For tenants, North Dakota's landlord-tenant laws outline important protections, such as the right to a habitable living space, freedom from discrimination, and proper handling of security deposits. Renters also have rights regarding privacy, reasonable entry by the landlord, and the termination of leases under specific circumstances.

Landlords, on the other hand, have the right to expect timely rent payments, proper maintenance of the rental property, and adherence to the terms of the lease agreement. North Dakota laws provide guidelines for landlords regarding security deposits, rent increases, evictions, and the disclosure of important information to tenants.

Familiarizing yourself with these laws can help prevent misunderstandings and disputes between landlords and tenants. It is essential for both parties to be aware of their legal obligations and rights to ensure a fair and transparent rental experience.

Inspecting the Rental Unit

As a prospective tenant in North Dakota, you have the right to thoroughly inspect the rental unit before signing a lease agreement. It's advisable to take advantage of this opportunity to carefully examine the property's condition and identify any existing damages or defects. During the inspection, check for issues such as leaks, mold, pest infestations, malfunctioning appliances, and any other potential problems.

Additionally, it's recommended to take detailed photos or videos of the entire unit, including all rooms, appliances, fixtures, and any pre-existing damage or wear and tear. This visual documentation can serve as valuable evidence of the property's move-in condition, which can be useful in case of disputes over security deposit deductions or property damage claims when you eventually move out.

By thoroughly inspecting the rental unit and documenting its condition before signing the lease, you can protect your rights as a tenant and establish a clear record of the property's state at the beginning of your tenancy.

Security Deposits in North Dakota

According to North Dakota security deposit law, there is no statutory limit on the maximum security deposit amount a landlord can charge. However, the deposit amount must be reasonable and not excessive compared to the monthly rent. Many landlords charge the equivalent of one or two months' rent as a security deposit.

Landlords must follow specific requirements when it comes to refunding security deposits after a tenant moves out. Within 30 days of the tenant's lease termination and return of possession, the landlord must either refund the full deposit or provide a written statement detailing why any portion was withheld.

Allowable deductions from the security deposit include unpaid rent, damages beyond normal wear and tear, and other costs to restore the rental unit to its original condition. The landlord must provide an itemized list of all deductions with descriptions and cost estimates.

If a tenant disagrees with how much of their deposit was deducted, they can dispute it with the landlord. Any unresolved disputes may have to be settled in small claims court. It's advisable for both parties to document the condition of the rental unit with photos/videos during move-in and move-out inspections to help support their claims.

North Dakota law requires landlords to keep security deposits in a separate interest-bearing account and provide tenants with the account information upon request. Any interest earned belongs to the tenant as well.

Lease Agreements and Disclosures

In North Dakota, landlords have the option to offer tenants either a periodic lease or a fixed-term lease. A periodic lease automatically renews after each period (e.g. month-to-month or year-to-year) until proper notice is given to terminate the tenancy. A fixed-term lease has a definite start and end date, requiring the tenant to vacate at the end of the lease term unless a new lease is signed.

All written leases in North Dakota must contain certain disclosures and statements to comply with state law. This includes the names of all tenants, rental property address, term of the lease, amount of rent due, and conditions for terminating the lease early. Leases must also specify which utilities and services the tenant is responsible for paying.

The landlord must provide the tenant with a completed move-in checklist to document the condition of the rental unit at the start of the tenancy. Any non-refundable fees charged by the landlord must be listed separately from the security deposit and rent.

North Dakota prohibits unconscionable lease terms that are oppressive or grossly unfair to the tenant. Examples could include excessive late fees, unreasonable rules restricting guests, or allowing the landlord to terminate the lease without proper cause. Any unconscionable provisions may be unenforceable if challenged in court.

Rent Payments and Increases

In North Dakota, there are specific laws governing rent payments, late fees, and rent increases for residential rental properties. These laws aim to protect both landlords and tenants by setting clear expectations and limitations. However, it's important to note that North Dakota does not have statewide rent control laws, which means there are no legal caps on the amount landlords can charge for rent. Despite this, there are still regulations regarding how and when rent can be increased.

Rent Control

North Dakota does not implement rent control measures, meaning landlords have the flexibility to set rental prices based on market conditions and demand. Without rent control, there are no state-imposed limits on how much rent can be increased at the end of a lease term. This allows landlords to adjust rents in response to changes in the housing market, but it also places the onus on tenants to be aware of potential rent hikes and to negotiate lease terms accordingly.

Rent Payments and Late Fees

Landlords cannot charge late fees on rent payments until a grace period has passed. In North Dakota, this grace period is five days beyond the due date specified in the lease agreement. If rent is paid within those five days, no late fees can be charged. However, after the grace period expires, landlords can charge a reasonable late fee as outlined in the lease.

Rent Increases

For tenants on a periodic lease (month-to-month or week-to-week), there are limits on how frequently rent can be increased. Landlords must provide proper written notice before increasing the rent, with the amount of notice varying based on the rental period:

• For a month-to-month tenancy, at least 30 days' notice is required.
• For a week-to-week tenancy, at least 7 days' notice is required.

Additionally, rent increases for periodic tenancies are capped at once per year in North Dakota. Landlords cannot raise the rent more than once in any 12-month period.

For tenants on a fixed-term lease (e.g., a 1-year lease), the rent amount is locked in for the duration of that lease term. Landlords cannot raise the rent until the fixed term ends and a new lease is signed or the tenancy converts to a periodic rental agreement.

Regardless of the lease type, landlords must always provide proper written notice of any rent increase as required by North Dakota law. This notice must state the new rental amount and its effective date. Failure to provide this notice can render the rent increase unenforceable.

These regulations ensure transparency and fairness in rent adjustments while providing tenants with some level of predictability and protection, even in the absence of formal rent control.

Roommates and Subletting

In North Dakota, the rules surrounding roommates and subletting a rental unit are primarily determined by the lease agreement. Most standard leases contain clauses addressing these situations, so it's crucial for tenants to review their lease carefully.

When it comes to adding a new roommate to split rent costs, most landlords will require that any new adult resident be screened and approved first. The prospective roommate may need to submit a rental application, pass a background check, and be added to the lease agreement. Until the new roommate is formally approved, they should not be residing in the rental unit. Landlords can deny a new roommate but must have a valid, non-discriminatory reason for doing so.

Removing a roommate from a lease agreement typically requires the landlord's approval as well. The remaining tenants will need to provide documentation showing the departing roommate is relinquishing their rights to occupancy. Depending on the specific circumstances, the landlord may need to terminate the existing lease and issue a new one to the remaining tenants.

Subletting a rental unit means the original tenant temporarily moves out and re-rents the unit to someone else (the subtenant). Most landlords prohibit subletting without prior written consent. If subletting is allowed, the landlord can establish reasonable rules like requiring the subtenant to be screened, added as a co-tenant, and abiding by all lease terms. The original tenant usually remains legally responsible for any violations by the subtenant.

Fair Housing and Anti-Discrimination Laws

North Dakota's fair housing laws prohibit landlords from discriminating against tenants based on certain protected characteristics. Both the North Dakota Human Rights Act and the federal Fair Housing Act make it illegal to refuse to rent, raise rent, or otherwise discriminate against a tenant due to their race, color, religion, sex, disability, age, national origin, or familial status (presence of children).

Landlords cannot ask prospective tenants questions about their race, religion, disability status, or other protected traits. Advertisements stating preferences based on these protected classes are also prohibited. Landlords must consider all applicants equally using objective criteria like income, rental history, and credit score.

For tenants with disabilities, landlords must make reasonable accommodations and allow modifications to the rental unit as needed. This could include allowing an assistance animal despite a "no pets" policy or installing grab bars in the bathroom. The tenant typically covers costs for modifications, but the landlord cannot charge extra fees or deposits for reasonable accommodations. Landlords must also allow disabled tenants to make reasonable structural modifications at their own expense.

Landlords who violate fair housing laws can face complaints, fines, and potential lawsuits from impacted tenants. North Dakota's Department of Labor and Human Rights investigates housing discrimination complaints. Victims may also be entitled to compensation and other remedies.

Utilities and Essential Services

In North Dakota, the responsibility for paying for utilities is typically determined by the lease agreement between the landlord and tenant. Utility responsibilities and costs should be clearly outlined in the lease terms. Generally, landlords are required to provide essential services like heat, running water, electricity, and garbage removal for the rental unit.

If the landlord fails to provide these essential services in a reasonable manner, tenants have certain options under North Dakota law. After giving the landlord reasonable notice to fix the issue, tenants can pursue remedies like rent abatement (paying reduced rent), repairing and deducting costs from rent, or terminating the lease. However, tenants cannot withhold full rent payments without following proper procedures.

Tenants are usually responsible for paying the costs of utilities like electricity, gas, water, and other services they directly consume in the rental unit, unless otherwise specified in the lease agreement. Landlords cannot cause interruption of utility services in an attempt to force a tenant to vacate, except through proper termination notice procedures.

Landlord's Right of Entry

In North Dakota, landlords must provide reasonable notice before entering a rental unit, except in specific situations. Generally, 24 hours' notice is considered reasonable, though this can vary based on the circumstances.

Landlords may enter the premises without prior notice in the following cases:

• During an emergency that threatens life or property
• When the tenant has abandoned or surrendered the premises
• To perform maintenance or repairs requested by the tenant
• To show the unit to prospective tenants, buyers, contractors, or inspectors (if proper notice has been provided for showings)
• Pursuant to a court order

Landlords must not abuse their right of entry or use it to harass tenants. Any entry should be during reasonable hours and only for legitimate business purposes related to the rental property. Tenants have the right to privacy and quiet enjoyment of the premises.

If a landlord violates these entry requirements, the tenant may have grounds for legal action, such as terminating the lease or seeking damages. Proper notice helps protect both parties and maintain a respectful landlord-tenant relationship.

Terminating a Lease in North Dakota

In North Dakota, both landlords and tenants must provide proper advance notice to terminate a lease agreement, whether it is a periodic (month-to-month) or fixed-term lease. The amount of notice required depends on the type of tenancy.

For periodic leases (week-to-week or month-to-month), either the landlord or tenant can terminate the agreement by providing written notice at least one rental period in advance. For example, if you have a month-to-month lease, you would need to give notice at least 30 days before you plan to move out.

Fixed-term leases are a bit different. In most cases, neither the landlord nor the tenant can terminate the lease before the end date unless there are legally valid reasons. The tenant would need to provide written notice at least one rental period before the lease expires to avoid it automatically renewing.

There are some exceptions that may allow a tenant to terminate a lease early in North Dakota without penalty, such as:

Early Termination Clause: 

Some leases contain an early termination clause that allows the tenant to end the lease by giving a specified amount of notice (30-60 days is common) and paying an early termination fee.

Landlord Violations: 

If the landlord violates their legal duties under the rental agreement or landlord-tenant law, such as failing to maintain a habitable unit, the tenant may be able to terminate with proper notice.  

Domestic Violence Situations: 

Victims of domestic violence can terminate their lease early without penalty if they provide proper documentation.

Active Military Duty:

Service members can terminate their residential lease without penalty if they receive permanent change of station orders or temporary deployment for 90 days or more.

No matter the situation, it's crucial for tenants to read their lease thoroughly, follow proper procedures for providing notice, and have legal grounds for early termination to avoid penalties and potential legal issues.

The Eviction Process in North Dakota

Evictions in North Dakota must follow specific legal procedures to ensure the rights of both landlords and tenants are protected. Landlords cannot forcibly remove a tenant or their belongings without first going through the proper eviction process.

There are a few legal reasons that allow a landlord to pursue eviction in North Dakota:

• Nonpayment of rent
• Violation of the lease terms or rental agreement 
• Causing substantial damage to the property
• Illegal or disruptive behavior on the premises

The eviction process begins with the landlord providing the tenant with written notice, specifying the violation and demanding they move out or remedy the issue. The notice period required depends on the reason for eviction, such as 3 days for nonpayment of rent or 3-30 days for other lease violations.

If the tenant fails to comply with the notice, the landlord can then file an eviction lawsuit with the court. The tenant will receive a summons and has the opportunity to respond and appear for a hearing. An eviction cannot proceed without a court order.

At the hearing, both sides can present evidence and make their case. If the judge rules in favor of the landlord, they will issue a Writ of Eviction ordering the tenant to vacate by a specific date. Law enforcement may be involved to carry out the physical eviction if needed.

It is illegal in North Dakota for landlords to try to circumvent this process through tactics like changing the locks, removing the tenant's belongings, shutting off utilities, or using force or intimidation. These self-help eviction methods are prohibited and can lead to the landlord facing criminal and civil penalties. The legal eviction process through the courts must be strictly followed.

North Dakota Squatters' Rights

In North Dakota, squatters' rights are governed by the doctrine of adverse possession, which allows individuals to claim ownership of a property if they meet specific legal requirements. Adverse possession is a legal principle that enables a squatter to gain legal title to land they have occupied without the owner's permission, provided certain conditions are met over a statutory period.

Criteria for Adverse Possession

To establish a claim of adverse possession in North Dakota, a squatter must satisfy the following criteria:

• Actual Possession: The squatter must physically occupy the property, using it as an owner would. This includes living on the property, making improvements, or maintaining it.
• Open and Notorious: The possession must be visible and obvious to anyone, including the property owner. The squatter's presence should be apparent and not hidden.
• Exclusive Possession: The squatter must be the sole occupant of the property, not sharing it with the owner or others.
• Hostile Possession: The occupation must be without the owner's permission and against the owner's interests. This does not imply aggression but means the squatter does not have legal authorization to be on the property.
• Continuous Possession: The squatter must occupy the property continuously for the entire statutory period without significant interruption. In North Dakota, the required period for adverse possession is 20 years.

Additional Requirements

In some cases, having "color of title" can strengthen a squatter's claim. Color of title refers to a situation where the squatter has a document, such as a deed or court order, that appears to give them ownership, even if it is legally defective. If a squatter has color of title and pays property taxes on the land, the statutory period required for adverse possession in North Dakota may be reduced to 10 years.

Property Owners’ Rights and Preventative Measures

Property owners in North Dakota can take several steps to prevent adverse possession claims:

• Regular Inspections: Regularly inspecting and maintaining the property can help identify and address unauthorized occupancy promptly.
• Clear Boundaries: Maintaining clear property boundaries with fences or signs can deter squatters and establish clear ownership.
• Prompt Legal Action: Taking swift legal action to remove squatters can prevent them from meeting the continuous possession requirement.
• Permission: Granting explicit permission for someone to use the property can negate the hostility requirement, thereby preventing an adverse possession claim.

Legal Process and Challenges

To establish a claim of adverse possession, a squatter typically needs to file a lawsuit to obtain a court judgment recognizing them as the legal owner. The burden of proof is on the squatter to demonstrate that they have met all the criteria for adverse possession. Property owners can challenge these claims by presenting evidence that the criteria were not met, such as showing that the squatter’s possession was not continuous or that they had permission to be on the property.

Security Deposit Returns After Move-Out

In North Dakota, landlords must return a tenant's security deposit within 30 days after the tenant has surrendered the rental unit. This timeline applies whether the tenant is vacating at the end of a lease term or leaving early. The 30-day period begins on the later of the two dates - the day the tenant's full possession ends or the tenant's lease term expires.

When returning the deposit, landlords may deduct from it for any unpaid rent or utility charges, as well as amounts reasonably necessary to repair damages to the unit beyond normal wear and tear. Normal wear and tear refers to minor issues that occur through normal usage of the rental over time, such as lightly worn carpets, loose door hinges, or faded paint.

However, landlords cannot deduct for cleaning costs to make the unit fit for the next tenant's occupancy. They also cannot withhold deposit money for damage that existed prior to the tenant's occupancy or for repairs of conditions that violate housing codes and were not caused by the tenant's abuse or negligence.

If any deductions are taken from the security deposit, North Dakota law requires the landlord to provide the tenant with a written, itemized list of the amounts and reasons behind each deduction. Landlords who fail to provide this accounting, or fail to return the remaining deposit balance within 30 days, may be liable to the tenant for damages up to twice the amount wrongfully withheld, plus reasonable attorney's fees.

Resources for Landlords and Tenants

North Dakota tenants and landlords have several resources available to help understand their rights and responsibilities under state law. The North Dakota Attorney General's Office provides information and guidance on landlord-tenant issues through its Landlord-Tenant Rights publication and website. The state's Fair Housing Act details protections against housing discrimination.

Several organizations offer assistance and legal aid for renters, such as the Northwest Indian Housing Association, High Plains Fair Housing Center, and the various regional legal services programs. Law school clinics at the University of North Dakota may also be able to provide legal support.

Both landlords and tenants can find downloadable forms and templates on the state court website, including:

• Lease agreements
• Notice to quit/termination letters  
• Eviction complaint forms
• Security deposit statements
• Repair request letters

Having the proper forms and understanding the applicable laws can help prevent disputes and ensure a smooth rental experience for all parties involved.

Frequently Asked Questions

How to file a complaint against a landlord in North Dakota?

To file a complaint against a landlord in North Dakota, tenants can contact the North Dakota Attorney General’s Consumer Protection Division. Tenants may also seek assistance from local housing authorities or legal aid organizations. If the issue pertains to housing code violations, tenants can file a complaint with the local housing or building department.

What are the duties of a landlord in North Dakota?

Landlords in North Dakota are required to maintain rental properties in a habitable condition, which includes making necessary repairs, ensuring the property meets health and safety standards, and complying with local housing codes. Landlords must also respect tenants' rights to privacy and provide proper notice before entering the rental unit.

Can you withhold rent for repairs in North Dakota?

In North Dakota, tenants generally cannot withhold rent to force landlords to make repairs. However, tenants can repair and deduct costs from their rent under certain conditions. Tenants must provide the landlord with notice and an opportunity to make the repairs. If the landlord fails to do so within a reasonable time, the tenant may proceed with the repairs and deduct the cost from their rent.

Is North Dakota a landlord-friendly state?

North Dakota is generally considered a landlord-friendly state due to its relatively straightforward eviction process and lack of rent control laws. Landlords have the flexibility to set rental prices based on market conditions and can terminate month-to-month leases with proper notice.

What are the eviction laws in North Dakota?

In North Dakota, the eviction process requires landlords to provide tenants with proper notice before filing for eviction in court. For nonpayment of rent, a 3-day notice is required, giving the tenant 3 days to pay the overdue rent or vacate the property. For other lease violations, a 3-day notice to remedy the violation or vacate is also required. If the tenant does not comply, the landlord can file an eviction lawsuit, and a court hearing will be scheduled. If the court rules in favor of the landlord, a writ of eviction will be issued, allowing law enforcement to remove the tenant from the property.