What North Dakota landlord-tenant law covers
North Dakota’s rules are spread through NDCC chapter 47-16, which governs leases, notices, deposits and entry, and chapter 47-32, which sets the eviction action. Federal fair housing law and the terms of your leases apply on top.
Some rules flex and some do not. Notice periods can be changed by a written agreement that follows the statute, but the deposit cap is stated as a flat limit on what a lessor may demand or receive, and the court process for removing a tenant is set by chapter 47-32. A landlord who skips the court process takes on real risk.
North Dakota landlord-tenant rules at a glance
The table lists the rules an apartment owner uses most, as of October 2026. Details and exceptions follow.
| Rule | North Dakota requirement | Where it comes from |
|---|---|---|
| Month-to-month notice | At least one calendar month’s written notice, by either side | NDCC 47-16-15(2) |
| Nonpayment of rent | Rent unpaid three days after due; three days’ written notice of intention to evict before filing | NDCC 47-32-01, 47-32-02 |
| Security deposit cap | One month’s rent; two months for some tenants; separate pet deposit up to $2,500 or two months’ rent, whichever is greater | NDCC 47-16-07.1 |
| Deposit return | 30 days after the lease ends and possession is returned, with an itemized accounting | NDCC 47-16-07.1(3) |
| Deposit interest | Held in a federally insured interest-bearing account; interest owed if occupancy was 9 months or more | NDCC 47-16-07.1 |
| Payment fees | No fee to accept cash, a check or a money order for rent | NDCC 47-16-20.1 |
| Entry | Notice and tenant consent first unless impractical; reasonable hours; emergency exceptions | NDCC 47-16-07.3 |
| Rent control | Cities and counties may not control the amount of rent | NDCC 47-16-02.1 |
How much notice does a landlord have to give in North Dakota?
For a month-to-month tenancy, either the landlord or the tenant can end it with at least one calendar month’s written notice, given at any time, under NDCC 47-16-15. Rent is owed through the termination date, and the parties can agree in writing to a different period.
A longer notice period than one month must be written into the lease, with a place for the tenant to initial it. If it is not, the tenant can still leave at the end of a month on one calendar month’s notice. When a landlord changes the rent, the tenant may end the lease at the end of the month with at least 25 days’ notice.
For a lease with no stated term, notice must be given at least as far ahead as the rental period itself, up to one calendar month. A fixed-term lease ends on its date unless it says otherwise.
Security deposit rules in North Dakota
A landlord may not take a deposit of more than one month’s rent, however it is labeled. Two exceptions allow up to two months’ rent: a tenant convicted of a felony, and a tenant with a prior judgment for violating a rental agreement. A separate pet deposit can be the greater of $2,500 or two months’ rent, but not for a service or assistance animal the tenant needs as an accommodation.
The deposit must sit in a federally insured interest-bearing account, and the interest goes to the tenant when the lease ends. No interest is due if the tenant lived there less than nine months.
Within 30 days after the lease ends and the tenant returns possession, the landlord must refund the deposit and interest or send an itemized accounting of what was kept. A landlord who withholds deposit money without reasonable justification is liable for treble damages, so clean records of move-in condition matter. NDCC 47-16-07.2 makes a signed move-in condition statement prima facie proof of the unit’s condition at the start.
Landlord entry in North Dakota
Unless it is impractical, a North Dakota landlord must notify the tenant and get the tenant’s consent before entering, and entry must be at reasonable hours and in a reasonable manner (NDCC 47-16-07.3). The tenant may not unreasonably withhold consent, and the request should name a specific time.
Consent is presumed if the tenant gets notice of a planned entry at a set time and does not object. Notice can be given in person, by posting it in a conspicuous place or by any method that gives actual notice. The statute sets no fixed number of hours.
No notice is needed in an emergency, when the landlord reasonably believes the tenant has abandoned the unit, or when the landlord reasonably believes there is a substantial lease violation.
The North Dakota eviction process
Eviction in North Dakota is a court action under chapter 47-32, filed in district court and heard by a judge or judicial referee. Grounds include nonpayment for three days after rent is due, holding over after the lease ends, violating a material term of a written lease, and unreasonably disturbing other tenants.
For nonpayment, holdover and lease violations, the landlord must first serve a three-day written notice of intention to evict, served like a summons. If the tenant cannot be found, the notice can be posted on the premises after at least one evening attempt between 6 p.m. and 10 p.m.
- File the summons and complaint with the district court; the filing fee in the court’s packet is $80.
- The summons sets an appearance date not fewer than 3 nor more than 15 days after it is issued.
- Personal service in the county must be made at least 3 days before the hearing; any other service at least 7 days before.
- At the hearing the judge or referee orders eviction or dismisses the case; either side can ask for review of a referee’s order within seven days.
- If the tenant shows substantial hardship, the court can stay the special execution for no more than five days, except in cases based on disturbing the peace.
How long does an eviction take in North Dakota?
An uncontested nonpayment case can move from notice to judgment in roughly two to three weeks. The three-day notice comes first, the hearing must fall within 15 days of the summons, and a hardship stay can add up to five days.
Contested cases and review requests take longer. Eviction records for nonpayment or property damage can be sealed after seven years if the claims are resolved and no other eviction followed, under NDCC 47-32-05. Records can also be sealed for a domestic violence victim evicted because of an incident, after the assailant’s conviction for domestic violence or the issuance of a restraining order.
The lease-violation ground covers a material term of a written lease, so keep signed leases on file for every unit. Mobile home park tenants also have a separate defense under NDCC 47-32-01.1 if the landlord violated NDCC 47-10-28, so park owners need their own review.
Does North Dakota have rent control?
No. North Dakota bans local rent control. Under NDCC 47-16-02.1, a political subdivision may not enact, maintain or enforce an ordinance or resolution that would control the amount of rent charged. The only carve-out lets a city or county manage housing it owns.
That means Fargo, Bismarck, Grand Forks and every other city must leave rent levels to the market and the lease. Federal programs such as Section 8 contracts and tax credit regulatory agreements can still limit rents on specific buildings, and those limits carry over to a buyer.
What happens to leases and deposits when you sell
In North Dakota, existing leases survive a sale and the buyer takes the building subject to them. A sale is not, by itself, a reason to end a lease early.
Deposits follow the building. Under NDCC 47-16-07.1(5), on a transfer of the landlord’s interest the deposits and accrued interest must be transferred to the buyer, and the seller stays liable for them until that happens. A clean closing credits the buyer with every deposit and its interest, backed by a ledger that ties to each lease.
- A current rent roll and copies of every lease and addendum.
- A deposit ledger showing amount, date received and interest earned.
- Signed move-in condition statements.
- Any pending eviction cases or notices served.
- Any regulatory agreement that limits rent on particular units.
North Dakota landlord-tenant law changes in 2025 and 2026
We found no new North Dakota landlord-tenant statute enacted in the 2025 session. Three bills that would have changed the rules failed: House Bill 1272 on move-in and move-out inspections and deposits, House Bill 1395 on criminal background checks, and House Bill 1496 on landlord obligations.
The 2025 property tax law, House Bill 1176, raised the maximum renters refund from $400 to $600, which helps qualifying low-income tenants but does not change landlord duties. The Legislature next meets in regular session in 2027, so check for new bills before you rely on this page.
Selling a tenant-occupied building in North Dakota
Skyline buys apartment buildings with five or more units in North Dakota with tenants in place. We buy directly, close on your timeline, and can work inside 1031 deadlines. We take over the leases and deposits as the statute requires.
For the taxes on a sale, see North Dakota capital gains tax on real estate and the property tax rate in North Dakota.
