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ND · State landlord-law profile

North Dakota landlord-tenant rules

10 of the 10 rules below carry a statute citation that was read at the official source (most recently October 2026), with the controlling text quoted. The rest are conservative reference values from Aptoria's compliance data and are labeled unverified.
10 of 10 rules source-confirmed
4 official sources linked
Reviewed October 26, 2026
On this page
At a glanceSecurity depositsRent, late fees and application feesNotices, rent increases and terminationLandlord entryPayments, fair housing, licensingCompared with neighborsOfficial sourcesQuestions landlords askHow this page was verified
At a glance
Security deposit size: Deposit may not exceed one month's rent, except up to two months' rent from a tenant convicted of a felony or with a prior judgment for violating a rental agreement. A separate pet security deposit (not for service/companion animals) may not exceed the greater of $2,500 or two months' rent. Deposits must be held in a federally insured interest-bearing account. (N.D. Cent. Code § 47-16-07.1(1)-(2), confirmed 2026-10). Returning the deposit: Within 30 days after termination of the lease and delivery of possession, the lessor must deliver or mail to the tenant's last furnished address an itemization of any deductions, written notice, and the refund due (or amount still owed). Interest is owed on the deposit unless occupancy was under 9 months. Unclaimed amounts after 1 year fall under unclaimed-property reporting (47-30.2-04). (N.D. Cent. Code § 47-16-07.1(3), confirmed 2026-10).
Security deposit limit
1× monthly rent
Source-confirmed 2026-10
Deposit return deadline
30 days after move-out
Source-confirmed 2026-10
Separate pet deposit
Permitted
Source-confirmed 2026-10
Late fees
No statewide cap (reasonableness standard)
Source-confirmed 2026-10
Application fee limit
No statewide cap
Source-confirmed 2026-10
Statewide rent regulation
No statewide rent regulation (check local ordinances)
Source-confirmed 2026-10
Rent-increase notice
30 days
Source-confirmed 2026-10
Month-to-month termination notice
30 days
Source-confirmed 2026-10
Pay-or-quit notice
3 days
Source-confirmed 2026-10
Non-emergency entry notice
24 hours
Source-confirmed 2026-10

How North Dakota treats the landlord's core obligations

Late fees: No statutory cap on residential late fees in the leasing chapter; a late fee must be provided for in the lease. The only fee rules in ch. 47-16 bar charging to accept cash, check or money order (§ 47-16-20.1); dishonored-check fees are capped separately (§ 6-08-16). (N.D.C.C. ch. 47-16 (no late-fee cap), confirmed 2026-10). Application fees: No statewide cap on rental application or screening fees. N.D. Cent. Code ch. 47-16 (full chapter text searched) contains no provision on application or screening fees; the only pre-tenancy money limits are the security-deposit cap in § 47-16-07.1(1) (one month's rent, with two-month exceptions) and the pet deposit cap in § 47-16-07.1(2). (No N.D. statute; N.D. Cent. Code ch. 47-16 checked (closest rule § 47-16-07.1(1)), confirmed 2026-10).
Nonpayment notice: Eviction is maintainable when a tenant fails to pay rent for 3 days after it is due; before filing, 3 days' written notice of intention to evict must be served (ND Courts forms 1a/1b '3-day notice to evict'). (N.D. Cent. Code § 47-32-01(4); § 47-32-02, confirmed 2026-10). Rent increases: On a month-to-month lease the landlord may change terms (including rent) effective at the end of a month by written notice at least 30 days before the end of the month; the tenant may then terminate on 25 days' notice (47-16-15(3)). No statewide rent cap. (N.D. Cent. Code § 47-16-07, confirmed 2026-10). Ending a month-to-month tenancy: Either party may terminate a month-to-month tenancy by at least one calendar month's written notice (unless a longer period is agreed in writing; a lease clause requiring more than one month's notice from the tenant must be initialed). Rent is due through the termination date. (N.D. Cent. Code § 47-16-15(2), confirmed 2026-10). Entry: No fixed hour minimum. For non-emergency entry (inspection, repairs, showings) the landlord must first notify the tenant and obtain consent to a time certain, which may not be unreasonably withheld; consent is presumed if the tenant does not object after notice of intent to enter at a time certain. Emergency/abandonment/substantial-violation entry allowed at any time. (N.D. Cent. Code § 47-16-07.3, confirmed 2026-10).
North Dakota has no statewide rent regulation on file, so any cap on increases would come from a local ordinance. Source-of-income protection is not on file statewide, although cities and counties can add it. Card surcharges on rent: allowed within card-network limits. Managing property for others for compensation generally requires a state license: State real estate broker license required for property management for others — confirm with state commission.

Security deposits

What North Dakota allows a landlord to collect up front, how it must be held, and the deadline and paperwork for returning it.

Security deposit limit

Source-confirmed 2026-10
Deposit may not exceed one month's rent, except up to two months' rent from a tenant convicted of a felony or with a prior judgment for violating a rental agreement. A separate pet security deposit (not for service/companion animals) may not exceed the greater of $2,500 or two months' rent. Deposits must be held in a federally insured interest-bearing account.
N.D. Cent. Code § 47-16-07.1(1)-(2). Read at North Dakota Legislative Branch — Century Code ch. 47-16 (official) in October 2026.
“A lessor may not demand or receive security, however denominated, in an amount or value in excess of one month's rent, except: a. A lessor may accept an amount or value up to two month's rent, as security, from an individual convicted of a felony offense”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “1× monthly rent”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The maximum a landlord may collect up front as security against unpaid rent or damage, usually expressed as a multiple of one month's rent. Separate pet, key or cleaning deposits often count toward the same limit.

Deposit return deadline

Source-confirmed 2026-10
Within 30 days after termination of the lease and delivery of possession, the lessor must deliver or mail to the tenant's last furnished address an itemization of any deductions, written notice, and the refund due (or amount still owed). Interest is owed on the deposit unless occupancy was under 9 months. Unclaimed amounts after 1 year fall under unclaimed-property reporting (47-30.2-04).
N.D. Cent. Code § 47-16-07.1(3). Read at North Dakota Legislative Branch — Century Code ch. 47-16 (official) in October 2026.
“Such itemization together with the amount due must be delivered or mailed to the lessee at the last address furnished lessor, along with a written notice within thirty days after termination of the lease and delivery of possession by the lessee.”
Excerpt from the cited source as read on the date shown.
Penalty for willful noncompliance (treble damages) is in a later subsection not quoted here.
Reference value in Aptoria's compliance data: “30 days after move-out”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The window after the tenant vacates in which the landlord must refund the deposit or deliver an itemized statement of deductions. Missing the deadline is the most common way a landlord forfeits the right to keep any part of the deposit.

Separate pet deposit

Source-confirmed 2026-10
A separate pet security deposit is expressly permitted for an animal that is not a service or companion animal required as a disability accommodation; it may not exceed the greater of $2,500 or two months' rent, on top of the general security deposit (capped at one month's rent, or two months for a felony-convicted applicant or one with a prior lease-violation judgment).
N.D. Cent. Code § 47-16-07.1(2). Read at North Dakota Legislative Branch — N.D. Cent. Code ch. 47-16 Leasing of Real Property (official PDF) in October 2026.
“A lessor may charge a lessee a pet security deposit for keeping an animal that is not a service animal or companion animal required by a tenant with a disability as a reasonable accommodation under fair housing laws. A pet security deposit may not exceed the greater of two thousand five hundred dollars or an amount equivalent to two months”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “Permitted”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a refundable pet deposit can be collected on top of the security deposit. Even where it is permitted, the combined amount usually has to stay inside the overall deposit limit.
In practice
• Hold the deposit the way the statute requires (separate or escrow account where applicable) and record the account in the file.
• Document move-in condition with a dated, photographed inventory the tenant can sign; it is the only evidence that supports a later deduction.
• Send the itemized statement and any refund by a trackable method, and keep the receipts or estimates behind every deduction.

Rent, late fees and application fees

The fees a North Dakota lease can charge, the statutory ceilings that override the lease, and whether rent increases are regulated statewide.

Late fees

Source-confirmed 2026-10
No statutory cap on residential late fees in the leasing chapter; a late fee must be provided for in the lease. The only fee rules in ch. 47-16 bar charging to accept cash, check or money order (§ 47-16-20.1); dishonored-check fees are capped separately (§ 6-08-16).
N.D.C.C. ch. 47-16 (no late-fee cap). Read at North Dakota Legislative Branch, Century Code ch. 47-16 (official) in October 2026.
Absence finding from a full-text read of ch. 47-16; bills to cap late fees (HB 1442 (2021), SB 2236 (2025)) failed. Courts may still refuse an unreasonable fee as a penalty.
Reference value in Aptoria's compliance data: “No statewide cap (reasonableness standard)”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Any statutory ceiling on the fee for late rent and any mandatory grace period before it can be charged. Where there is no statutory cap, courts still strike fees they find punitive rather than a reasonable estimate of the landlord's cost.

Application fee limit

Source-confirmed 2026-10
No statewide cap on rental application or screening fees. N.D. Cent. Code ch. 47-16 (full chapter text searched) contains no provision on application or screening fees; the only pre-tenancy money limits are the security-deposit cap in § 47-16-07.1(1) (one month's rent, with two-month exceptions) and the pet deposit cap in § 47-16-07.1(2).
No N.D. statute; N.D. Cent. Code ch. 47-16 checked (closest rule § 47-16-07.1(1)). Read at North Dakota Legislative Branch — N.D. Cent. Code ch. 47-16 Leasing of Real Property (official PDF) in October 2026.
“A lessor may not demand or receive security, however denominated, in an amount or value in excess of one month's rent, except: a. A lessor may accept an amount or value up to two month's rent, as security, from an individual convicted of a felony offense”
Excerpt from the cited source as read on the date shown.
Absence-of-rule finding confirmed on the official chapter PDF (text-extracted locally; terms 'application', 'screening' appear only in unrelated contexts). Non-refundable application fees are not addressed by statute.
Reference value in Aptoria's compliance data: “No statewide cap”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
A cap on what an applicant can be charged to apply, sometimes limited to the actual cost of screening and sometimes prohibited outright. Fee receipts and refund rules usually travel with the cap.

Statewide rent regulation

Source-confirmed 2026-10
(b) Statewide prohibition of local rent control: a political subdivision may not enact, maintain, or enforce an ordinance or resolution controlling the amount of rent charged for leasing private residential or commercial property (it may still control property it owns in fee). No statewide rent cap; rent changes on periodic tenancies follow the 30-day written-notice rule of § 47-16-07.
N.D. Cent. Code § 47-16-02.1. Read at North Dakota Legislative Branch — N.D. Cent. Code § 47-16-02.1 Rent controls - Prohibited (official PDF) in October 2026.
“A political subdivision may not enact, maintain, or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “No statewide rent regulation (check local ordinances)”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a statewide law caps annual rent increases or whether rent control exists for covered units. Local ordinances can add limits even where the state has none.
In practice
• State the late fee, the grace period and the application fee in the lease in dollars or a clear percentage; a fee that is not in the lease is rarely enforceable.
• Never charge above the statutory cap even when the lease says more; the excess is unenforceable and can expose the landlord to penalties.
• Keep fee calculations in the ledger so a tenant, a court or an auditor can reproduce them from the rent roll.

Notices, rent increases and termination

How much written notice North Dakota requires before a rent increase, before ending a month-to-month tenancy, and before filing for nonpayment.

Rent-increase notice

Source-confirmed 2026-10
On a month-to-month lease the landlord may change terms (including rent) effective at the end of a month by written notice at least 30 days before the end of the month; the tenant may then terminate on 25 days' notice (47-16-15(3)). No statewide rent cap.
N.D. Cent. Code § 47-16-07. Read at North Dakota Legislative Branch — Century Code ch. 47-16 (official) in October 2026.
“the landlord may change the terms of the lease to take effect at the expiration of the month upon giving notice in writing at least thirty days before the expiration of the month.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “30 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The written notice a landlord must give before a rent increase takes effect on a periodic (month-to-month) tenancy. Fixed-term leases generally cannot be changed mid-term.

Month-to-month termination notice

Source-confirmed 2026-10
Either party may terminate a month-to-month tenancy by at least one calendar month's written notice (unless a longer period is agreed in writing; a lease clause requiring more than one month's notice from the tenant must be initialed). Rent is due through the termination date.
N.D. Cent. Code § 47-16-15(2). Read at North Dakota Legislative Branch — Century Code ch. 47-16 (official) in October 2026.
“In tenancies from month to month, and unless the parties have otherwise agreed in writing to a longer notice period or a different notice time, either party may terminate the tenancy by giving at least one calendar month's written notice at any time.”
Excerpt from the cited source as read on the date shown.
Statute says 'one calendar month', which can exceed 30 days (e.g., 31-day months);
Reference value in Aptoria's compliance data: “30 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a landlord must give to end a periodic tenancy without cause. Some jurisdictions require longer notice for long-term tenants or require a stated cause.

Pay-or-quit notice

Source-confirmed 2026-10
Eviction is maintainable when a tenant fails to pay rent for 3 days after it is due; before filing, 3 days' written notice of intention to evict must be served (ND Courts forms 1a/1b '3-day notice to evict').
N.D. Cent. Code § 47-32-01(4); § 47-32-02. Read at North Dakota Legislative Branch — Century Code ch. 47-32 (official) in October 2026.
“In all cases arising under subsections 4, 5, 6, and 8 of section 47-32-01, three days' written notice of intention to evict must be given to the lessee, subtenant, or party in possession, before proceedings can be instituted.”
Excerpt from the cited source as read on the date shown.
47-32-01(4): 'fails to pay rent for three days after the rent is due.'
Reference value in Aptoria's compliance data: “3 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a tenant must receive for nonpayment before the landlord can file for possession, and the time the tenant has to pay in full and cure. This is the step most often done wrong in an eviction.
In practice
• Serve notices in the form and by the method the statute names, and keep proof of service with the dated notice.
• Count notice periods the way the statute counts them (calendar days, business days, or "before the next rent due date") and build in a margin.
• Treat a notice to a possibly rent-regulated or subsidized unit as a legal check, because longer periods and extra content requirements usually apply.

Landlord entry

When a North Dakota landlord may enter an occupied unit and how much notice the tenant must receive.

Non-emergency entry notice

Source-confirmed 2026-10
No fixed hour minimum. For non-emergency entry (inspection, repairs, showings) the landlord must first notify the tenant and obtain consent to a time certain, which may not be unreasonably withheld; consent is presumed if the tenant does not object after notice of intent to enter at a time certain. Emergency/abandonment/substantial-violation entry allowed at any time.
N.D. Cent. Code § 47-16-07.3. Read at North Dakota Legislative Branch — Century Code ch. 47-16 (official) in October 2026.
“Unless it is impractical to do so the landlord shall first notify and receive the consent of the tenant which shall not be unreasonably withheld, which consent shall identify a time certain.”
Excerpt from the cited source as read on the date shown.
statute requires notice-plus-consent, not a specific hour count.
Reference value in Aptoria's compliance data: “24 hours”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The advance notice required before a landlord enters an occupied unit for repairs, inspections or showings. Emergencies are the usual exception.
In practice
• Give written notice with the date, a reasonable time window and the purpose, and log the entry afterwards.
• Emergencies are the only common exception; document what made the entry urgent.
• A pattern of unannounced entries is a common basis for tenant complaints and counterclaims.

Payments, fair housing and licensing

Operational rules that sit outside the landlord-tenant act but decide how rent can be collected, who can be screened out, and who may manage for others.
Card surcharges on rent
Allowed within card-network limits
Returned-payment (NSF) fee
No statewide statutory cap on file
Source-of-income protection
No statewide protection on file
Local ordinances can extend protection beyond the statewide rule.
Property-management licensing
License generally required to manage for others
State real estate broker license required for property management for others — confirm with state commission.
Compliance posture values are reference data compiled from public statutes and are not source-confirmed line by line. Confirm with the state agency before relying on them.

North Dakota next to its neighbors

Own units on both sides of a state line? These are the reference values for every bordering jurisdiction. Open a state to see which values carry a citation.
RuleNorth DakotaMinnesotaMontanaSouth Dakota
Security deposit limit1× monthly rentNo statewide capNo statewide cap1× monthly rent
Deposit return deadline30 days after move-out21 days after move-out10 days after move-out14 days after move-out
Late feesNo statewide cap (reasonableness standard)Capped at 8% of monthly rentNo statewide cap (reasonableness standard)No statewide cap (reasonableness standard)
Rent-increase notice30 days60 days30 days30 days
Non-emergency entry notice24 hours24 hours24 hours24 hours
Pay-or-quit notice3 days14 days3 days3 days
Source-of-income protectionNo statewide protection on fileProtected statewideNo statewide protection on fileNo statewide protection on file
Card surcharges on rentAllowed within card-network limitsAllowed within card-network limitsAllowed within card-network limitsAllowed within card-network limits

Lease disclosures on file

Federal and state disclosures Aptoria's lease workflow surfaces for North Dakota. This is a working checklist from public sources, not a complete legal inventory for a specific property.
• Lead-based paint hazards (pre-1978 housing) — EPA Pamphlet "Protect Your Family from Lead in Your Home"

Official sources

Primary sources a North Dakota landlord should bookmark. Each link was fetched and read during the October 2026 review; the binding text is always the current official version.
N.D. Century Code ch. 47-16 — Leasing of Real Property (section index)
Statute · North Dakota Legislative Branch
N.D. Century Code ch. 47-32 — Eviction (PDF)
Statute · North Dakota Legislative Branch
Tenant Rights (consumer resources)
Agency guide · North Dakota Attorney General
Legal Self Help Center — Eviction for Landlords (grounds, 3-day notice forms)
Court forms · North Dakota Court System
Browse landlord-law topics across all states

Questions North Dakota landlords ask

How much can a landlord charge for a security deposit in North Dakota?

Deposit may not exceed one month's rent, except up to two months' rent from a tenant convicted of a felony or with a prior judgment for violating a rental agreement. A separate pet security deposit (not for service/companion animals) may not exceed the greater of $2,500 or two months' rent. Deposits must be held in a federally insured interest-bearing account. (N.D. Cent. Code § 47-16-07.1(1)-(2), confirmed 2026-10).

How long does a North Dakota landlord have to return the security deposit?

Within 30 days after termination of the lease and delivery of possession, the lessor must deliver or mail to the tenant's last furnished address an itemization of any deductions, written notice, and the refund due (or amount still owed). Interest is owed on the deposit unless occupancy was under 9 months. Unclaimed amounts after 1 year fall under unclaimed-property reporting (47-30.2-04). (N.D. Cent. Code § 47-16-07.1(3), confirmed 2026-10).

What is the maximum late fee in North Dakota?

No statutory cap on residential late fees in the leasing chapter; a late fee must be provided for in the lease. The only fee rules in ch. 47-16 bar charging to accept cash, check or money order (§ 47-16-20.1); dishonored-check fees are capped separately (§ 6-08-16). (N.D.C.C. ch. 47-16 (no late-fee cap), confirmed 2026-10).

How many days does a North Dakota pay-or-quit notice give the tenant?

Eviction is maintainable when a tenant fails to pay rent for 3 days after it is due; before filing, 3 days' written notice of intention to evict must be served (ND Courts forms 1a/1b '3-day notice to evict'). (N.D. Cent. Code § 47-32-01(4); § 47-32-02, confirmed 2026-10).

How much notice must a North Dakota landlord give before entering?

No fixed hour minimum. For non-emergency entry (inspection, repairs, showings) the landlord must first notify the tenant and obtain consent to a time certain, which may not be unreasonably withheld; consent is presumed if the tenant does not object after notice of intent to enter at a time certain. Emergency/abandonment/substantial-violation entry allowed at any time. (N.D. Cent. Code § 47-16-07.3, confirmed 2026-10).

How much notice is required to raise rent in North Dakota?

On a month-to-month lease the landlord may change terms (including rent) effective at the end of a month by written notice at least 30 days before the end of the month; the tenant may then terminate on 25 days' notice (47-16-15(3)). No statewide rent cap. (N.D. Cent. Code § 47-16-07, confirmed 2026-10).

How much notice is required to end a month-to-month tenancy in North Dakota?

Either party may terminate a month-to-month tenancy by at least one calendar month's written notice (unless a longer period is agreed in writing; a lease clause requiring more than one month's notice from the tenant must be initialed). Rent is due through the termination date. (N.D. Cent. Code § 47-16-15(2), confirmed 2026-10).

Does North Dakota have statewide rent control?

No statewide rent regulation is on file for North Dakota. Local ordinances can still limit increases, so check the city or county where the unit sits before setting a renewal rent.

Is source of income a protected class in North Dakota?

No statewide source-of-income protection is on file for North Dakota, but cities and counties can adopt it. Check local law before refusing a voucher or benefit income, and apply any screening criteria consistently.

Can a North Dakota landlord add a surcharge for paying rent by card?

Allowed within card-network limits. Where a surcharge is allowed, it must still follow card-network rules and be disclosed before payment.

How this page was verified

Every rule is shown in one of two states. “Source-confirmed” means an editor opened the official statute page named next to the rule on the date shown, read the controlling text, and recorded the excerpt you see; the excerpt is quoted verbatim so you can check it. “Reference value” means Aptoria's compliance engine applies a conservative number for this rule, but nobody has yet tied it to a specific statute section on this page, so it must be checked before you rely on it.
This page meets Aptoria's evidence floor for publication (10 source-confirmed rules and 4 fetched official sources). Statutes change; local ordinances can be stricter; the facts of a tenancy change the result.
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