ND · Researched October 7, 2026
North Dakota caps deposits at one month's rent (two in limited cases), requires an interest-bearing account, and allows treble damages for unjustified withholding. Evictions for unpaid rent or lease violations start with a 3-day notice of intent to evict, and local rent control is banned. Leasing property for others requires a real estate broker license.
A broker is anyone who, for compensation and for another, lists, leases, offers to lease, or negotiates leasing of real estate. Managing and leasing rentals for owners therefore requires a broker license, or a salesperson license under a broker.
Owners and lessors (and their regular employees) acting for their own property as part of managing it; attorneys handling court-supervised matters; banks and trust companies; occasional power-of-attorney transactions; receivers, trustees and similar fiduciaries; public officers.
Brokers keep a separate, noninterest-bearing trust account at a federally insured institution in North Dakota for all funds belonging to others, with up to $500 of broker money for service charges. Tenant security deposits held by a lessor must be in an interest-bearing account under N.D.C.C. 47-16-07.1.
Two months is allowed for a tenant with a felony conviction (as an incentive) or with a judgment for violating a prior lease. Service and assistance animals cannot be charged a pet deposit.
Deduct only for damage beyond reasonable wear, unpaid rent, and cleaning or repairs needed to restore move-in condition. Mail to the last address the tenant gave. Withholding without reasonable justification can cost treble damages.
Deposits and interest transfer to the buyer when you sell, and you stay liable until they do. Unclaimed amounts after one year are reported as unclaimed property.
Put late fee terms in the lease and keep them reasonable. You cannot charge a fee for accepting rent by cash, check or money order.
Keep fees reasonable and disclose them up front.
The change takes effect at the end of the month if the tenant stays. The tenant may instead end the tenancy at month's end with 25 days' notice.
Political subdivisions cannot control rent on private residential or commercial property.
Serve the notice like a summons or, if the tenant cannot be found, by sheriff or process server posting on the premises.
Disturbing other tenants' peaceful enjoyment is a separate eviction ground. The statute does not give a cure period.
Rent is due through the termination date. Lease clauses requiring tenants to give more than one month's notice must be initialed by the tenant.
If you win, the court orders immediate restitution. A hardship stay is limited to 5 days and is not available for disturbance cases.
You keep sale proceeds and may take storage and moving costs above proceeds from the deposit. After an eviction and special execution, you hold a lien for reasonable storage and moving costs.
Emergencies, suspected abandonment, or a reasonable belief of a substantial lease violation allow entry at any time. Notice can be posted or delivered. Do not use entry to harass.
Tenants may repair and deduct, or move out, if you do not fix problems within a reasonable time after notice. Single-family landlords and tenants may agree in writing that the tenant handles some duties.
Without the renewal notice, the lease converts to month-to-month. Federal lead paint disclosure applies to pre-1978 housing.
State list: race, color, religion, sex, disability, age, familial status, national origin, and status with respect to marriage or public assistance. Owner-occupied buildings of up to 4 units are exempt.
Landlords may not charge a tenant a fee to accept cash, a check or a money order for rent or any other payment required under a lease.
Tenants who resolved all unpaid rent and damage claims may move to seal eviction records 7 years after satisfying the eviction order if not evicted again in that time. Domestic violence victims evicted over an incident may seek sealing once the assailant is convicted or a protection or restraining order issues.
Mobile home park tenants may defend an eviction by showing the landlord violated N.D.C.C. 47-10-28. If the court finds a violation, it may not order the eviction.
Walk through how these rules fit your renewal, collections and maintenance process with Julian. 20 minutes.
With Julian Calvo, who works with property management companies at LeadSimple.
Compare with other states: security deposit limit, deposit return deadline, deposit interest and holding rules, late fees, application and screening fees, rent increase notice, rent control, notice for unpaid rent, notice for lease violations, ending a month-to-month, eviction timeline, abandoned property, landlord entry, repairs and habitability, required disclosures, state fair housing protections.