North Dakota Tenant Rights: Repair and Deduct, Treble Deposit Damages

Short answer: North Dakota tenant rights include a self-help repair remedy that many states never adopted: if your landlord neglects repairs for a reasonable time after you give notice, N.D. Cent. Code § 47-16-13 lets you fix the problem and deduct the cost from rent, or move out and owe no further rent. The same chapter caps most deposits at one month’s rent, makes landlords who wrongly keep a deposit pay treble damages, and lets you walk away from a month-to-month lease on 25 days’ notice when the landlord changes its terms.

The weak point is speed. Under the eviction chapter, a hearing can be set as few as three days after the summons issues, and a tenant who loses is usually ordered out the same day unless the judge finds hardship. Knowing the notices and deadlines ahead of time is what gives you room to act.

North Dakota tenant rights at a glance

Where North Dakota tenant law comes from

North Dakota does not have a separate residential landlord-tenant act. The rules sit in Century Code Chapter 47-16, “Leasing of Real Property,” which also governs farm, oil and gas, and wind energy leases, and in Chapter 47-32, which sets the eviction procedure. Over the years the Legislature added residential sections to Chapter 47-16, including the deposit statute (§ 47-16-07.1), the entry rule (§ 47-16-07.3), the landlord maintenance duties (§ 47-16-13.1) and domestic violence termination (§ 47-16-17.1).

Because those sections speak of “residential dwelling units” and leases generally, they reach apartments, rented houses and duplexes alike, and § 47-16-13.3 lets a court refuse to enforce any unconscionable lease clause. Mobile home park lots are also governed by Chapter 47-10.

Security deposits in brief

Section 47-16-07.1 limits a deposit, however it is labeled, to one month’s rent. A landlord may take up to two months only from a tenant with a felony conviction, as an incentive to rent, or a tenant with a prior judgment for breaking a lease. A separate pet deposit may not exceed the greater of $2,500 or two months’ rent, and none may be charged for a service or companion animal a tenant with a disability needs as a reasonable accommodation. The money must sit in a federally insured interest-bearing account.

Within 30 days after the lease ends and you return possession, the landlord must return the deposit and interest, less itemized deductions; no interest is owed if you stayed less than nine months. Money withheld without reasonable justification exposes the landlord to treble damages. Section 47-16-07.2 also requires a move-in condition statement signed by both of you. Full details are on our North Dakota security deposit law page.

Repairs: the landlord’s duties and your three options

Section 47-16-13.1 requires a residential landlord to comply with building and housing codes materially affecting health and safety; make all repairs needed to keep the unit fit and habitable; keep common areas clean and safe; maintain electrical, plumbing, sanitary, heating, ventilating and air conditioning systems and supplied appliances; provide garbage receptacles and removal; and supply running water, reasonable hot water and reasonable heat. For most of those duties the landlord gets a reasonable time to fix a problem.

When the landlord neglects repairs it ought to make, § 47-16-13 gives you a choice once a reasonable time has passed after your notice:

• Repair and deduct. Have the work done and subtract the expense from your rent.
• Recover the cost in any other lawful manner, such as a lawsuit against the landlord.
• Vacate. Move out, and you are discharged from paying further rent.

Section 47-16-17 separately lets you end the lease early when the landlord fails, within a reasonable time after your request, to put the property in good condition or repair it. The statute does not define “reasonable time,” so give written notice, keep a copy, and allow a period that fits the problem; a dead furnace in a Bismarck January justifies a far shorter wait than a dripping faucet. No North Dakota statute authorizes withholding rent into a court escrow account. Compare other states on our repairs and habitability by state page.

Landlord entry under § 47-16-07.3

North Dakota sets no fixed number of hours. Instead, a landlord may enter at any time in an emergency, or when it reasonably believes you have abandoned the unit or are in substantial violation of the lease. For inspections, repairs, services or showings, entry must be during reasonable hours and in a reasonable manner, and unless it is impractical the landlord must first notify you and get your consent for a specific time. You may not unreasonably refuse, and consent is presumed if you do not object after notice of a time certain. The landlord may not abuse access or use it to harass or intimidate you.

Rent increases, rent control and late fees

Section 47-16-02.1 forbids any political subdivision from enacting or enforcing an ordinance that would control the rent charged for private residential or commercial property, so there is no rent control anywhere in the state. The Attorney General’s tenant rights page explains that rent generally cannot be raised until the lease period ends.

For a month-to-month lease, § 47-16-07 lets the landlord change the rent or any other term, effective at the end of a month, by written notice served at least 30 days before that month ends. If you stay past that date, the new terms bind you. If you do not want them, § 47-16-15(3) lets you end the tenancy at the end of the month with at least 25 days’ notice, which is shorter than the usual one-month notice.

Chapter 47-16 contains no cap or grace period for residential late fees. The Attorney General’s guidance is that your lease must state whether there is a late fee, the amount and when it is charged, so check your lease before paying a charge that is not written there.

Eviction under Chapter 47-32

Section 47-32-01 allows an eviction action when a tenant holds over after the lease ends, fails to pay rent for three days after it is due, unreasonably disturbs other tenants, or violates a material term of a written lease. For holdovers, nonpayment and material violations, § 47-32-02 requires a three-day written notice of intention to evict before the landlord can file. That notice is not an eviction order; only a court can order you out.

The summons must set your appearance no fewer than three and no more than 15 days after it issues. If the landlord wins, § 47-32-04 calls for immediate restitution, but if you show substantial hardship to you or your family, the court may delay the eviction up to five days, except where the case rests on a disturbance of the peace. The North Dakota Legal Self Help Center has a step-by-step guide and stresses that the process moves quickly. Counterclaims are limited: under § 47-32-04 you may raise only a setoff against the landlord’s claim for rent or damages.

Lockouts and utility shutoffs

The Attorney General’s office states plainly that a landlord cannot lock you out, cut off the utilities or confiscate your belongings. Removing a tenant takes a court eviction order. You can also be evicted even in winter, the Attorney General warns, so do not count on cold weather to delay a case.

Discrimination and retaliation

The North Dakota Human Rights Act, § 14-02.5-02, bars refusing to rent, or setting different terms, because of race, color, religion, sex, disability, age, familial status, national origin, or “status with respect to marriage or public assistance.” The Act also makes it a discriminatory practice to coerce, intimidate, threaten or interfere with anyone for exercising fair housing rights. Complaints go to the Department of Labor and Human Rights at 1-800-582-8032.

Outside fair housing, North Dakota has no general statute barring retaliation for repair requests or code complaints. The one statutory exception protects domestic violence survivors: § 47-16-17.1(10) bars refusing to rent or otherwise retaliating because someone used the domestic violence termination right, with $1,000 in statutory damages plus actual damages and attorney’s fees. See our general guide to landlord retaliation.

Breaking a lease early in North Dakota

If you leave early or are evicted, you stay liable for rent through the end of the term, but §§ 47-16-13.5 and 47-16-13.7 impose a duty on the landlord to mitigate damages, which in practice means making reasonable efforts to re-rent. Your statutory exits are:

• Domestic violence (§ 47-16-17.1). Give advance written notice, by mail, fax or in person, that you fear imminent domestic violence from a person named in a court order or other court record, that you need to end the tenancy, and the date it ends. You owe rent for the full month in which you leave plus one more month’s rent, subject to the landlord’s duty to mitigate. The landlord may not share your documentation.
• Uncured repairs (§§ 47-16-13 and 47-16-17). Vacate after the landlord fails to repair within a reasonable time.
• Death of a tenant (§ 47-16-18). A surviving tenant or the estate may end the lease on the last day of the month after the month of death.
• Military service. Chapter 47-16 has no military clause, so service members rely on the federal SCRA, 50 U.S.C. § 3955, for change-of-station orders and deployments of 90 days or more.

Worked example: a Grand Forks rent increase

Jordan rents a Grand Forks apartment month to month for $950. On October 25, 2026, the landlord hands Jordan a written notice raising the rent to $1,050 starting December 1. Because the notice came at least 30 days before November 30, the end of the month, it is valid under § 47-16-07, and the new rent applies if Jordan is still there in December.

Jordan decides not to pay $1,050. Under § 47-16-15(3), Jordan can end the tenancy on November 30 by giving at least 25 days’ notice, so a written notice delivered by November 5 works. Jordan moves out November 30, after 14 months, so the deposit must come back within 30 days with interest, because the tenancy lasted more than nine months.

Frequently Asked Questions

Can I deduct repair costs from my rent in North Dakota?

Yes. Under § 47-16-13, if the landlord neglects a repair it should make for a reasonable time after your notice, you may make the repair and deduct the expense from rent. Keep receipts and a copy of your notice in case the landlord disputes the deduction.

How fast can a North Dakota eviction happen?

After a three-day notice of intention to evict, the hearing can be set three to 15 days after the summons issues. If you lose, eviction is ordered immediately unless the judge finds hardship and grants up to five days.

Can a Fargo or Bismarck landlord refuse a renter on public assistance?

No. The Human Rights Act lists status with respect to public assistance as a protected class in housing. Contact the Department of Labor and Human Rights to file a complaint.

Does my landlord have to give 24 hours’ notice before entering?

North Dakota does not set an hour count. Except in emergencies or suspected abandonment or serious lease violation, the landlord must come at reasonable hours and, unless impractical, notify you and get consent for a specific time.

Is there a limit on late fees in North Dakota?

No statute caps them. The lease must say whether a late fee applies, how much it is and when it is charged.

Where to get help in North Dakota

Legal Services of North Dakota provides free civil legal help to eligible residents at (800) 634-5263, and the court system’s eviction guide for tenants walks through answering a summons. The Attorney General’s office does not mediate landlord-tenant disputes, but its tenant page summarizes your rights. This page is general information and not legal advice; use LSC’s legal help finder for other options. If you get a three-day notice of intention to evict, call Legal Services that day, because the hearing may follow within a week. More states are covered on our tenant rights by state hub.

Sources

• N.D. Cent. Code Chapter 47-16, Leasing of Real Property
• N.D. Cent. Code Chapter 47-32, Eviction
• N.D. Cent. Code Chapter 14-02.5, Housing Discrimination
• North Dakota Attorney General, Tenant Rights
• North Dakota Legal Self Help Center, Eviction for Tenants
• North Dakota Legal Self Help Center, Eviction for Tenants Informational Guide
• 50 U.S.C. § 3955 (Cornell LII)
• Legal Services Corporation, Get Legal Help