North Dakota Residential Lease Agreement
What North Dakota law requires in a residential lease — the deposit cap, the return deadline, the notice to end a month-to-month tenancy, and the disclosures you have to give the tenant. Every figure is cited to the statute it comes from and dated. The free North Dakota lease template is one click away.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Other North Dakota rules your lease has to live with
Beyond the deposit, North Dakota law sets rules on entry, late fees, and repairs that apply whether or not the lease mentions them.
- Rent increases. 30 days' written notice before the end of the month (month-to-month) — N.D. Cent. Code § 47-16-07 ↗
- Repair and deduct. Permitted: after notice and a reasonable time without repair, tenant may repair and deduct the cost from rent, or vacate; no statutory dollar cap — N.D. Cent. Code § 47-16-13 ↗
- Habitability. North Dakota law implies a warranty of habitability into every residential lease; a clause waiving it is unenforceable. — N.D. Cent. Code § 47-16-13.1(1)(b) ↗
Each point links to the North Dakota source it was taken from. Rules change; confirm before relying on them.
What North Dakota law requires · as of 2026
- Max security deposit
- 1 month's rent (2 if pets)
- Deposit return deadline
- 30 days after move-out
- Notice to end month-to-month
- 30 days
Source: N.D. Cent. Code §47-16-07.1 · verify ↗. Laws change — confirm the current rule before you rely on it.
Deposit still not back 30 days after move-out? Ask for it in writing with a North Dakota security deposit demand letter; if that doesn’t work, the usual next step is North Dakota small claims court.
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Frequently asked questions
How much security deposit can a landlord charge in North Dakota?
In North Dakota, the security deposit is limited to 1 month's rent (2 if pets), and it must be returned within 30 days after move-out (as of 2026). Source: N.D. Cent. Code §47-16-07.1. Confirm the current rule before you sign.
Is this lease valid in North Dakota?
A written lease that identifies the parties, the property, the term, and the rent is generally enforceable in North Dakota once both sides sign. What it cannot do is contract around North Dakota law: the deposit rules, entry notice, and habitability duties below apply whether or not the lease mentions them.
Can a tenant repair and deduct rent in North Dakota?
Permitted: after notice and a reasonable time without repair, tenant may repair and deduct the cost from rent, or vacate; no statutory dollar cap Source: N.D. Cent. Code § 47-16-13.
How does North Dakota compare? See the security deposit limits in all 50 states, every figure cited to statute.
How North Dakota compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for North Dakota: N.D. Cent. Code §47-16-07.1 ↗.
- North Dakota is one of 29 of 51 jurisdictions that cap the deposit by statute (22 set no statutory cap on the security deposit).
- Deposit return deadline
Deposit return deadline: 30 days, exactly the national median.
This is the most common figure nationally — shared by 26 other states.
Deposit return deadline in neighboring states — Minnesota (21 days), Montana (30 days), South Dakota (14 days).
- Notice to end a month-to-month tenancy
Notice to end a month-to-month tenancy: 30 days, exactly the national median.
This is the most common figure nationally — shared by 39 other states.
Notice to end a month-to-month tenancy in neighboring states — Minnesota (30 days), Montana (30 days), South Dakota (30 days). Every neighboring state with a rule matches North Dakota.
The rest of what North Dakota requires
The figures below are North Dakota's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full North Dakota page for that document.
- Notice for unpaid rent · as of 2026
- 3 days to pay or quit N.D. Cent. Code § 47-32-01; § 47-16-15 ↗
- Small claims limit · as of 2026
- $15,000 N.D.C.C. ch. 27-08.1 ↗
- Where you file · as of 2026
- Small Claims Court (District Court) · filing fee $20 — N.D.C.C. § 27-05.2-03(1)(e): 'For filing a small claims action in district court, twenty dollars' (official Century Code PDF) N.D.C.C. ch. 27-08.1 ↗
- Rental application fee · as of July 2026
- No statutory limit North Dakota Century Code ↗
- Bill of sale notarization · as of 2026
- Not required North Dakota DOT (Form SFN 2888) ↗
- Power of attorney signing · as of 2026
- Notarization recommended N.D. Cent. Code §30.1-30-01 et seq. ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules N.D. Cent. Code § 10-32.1-02(36) (definition); § 10-32.1-01 (citation) ↗
- Recording a deed · as of 2026
- County Recorder (office renamed from Register of Deeds in 2001) · no witnesses N.D.C.C. § 47-10-01 ↗
Lease agreement in other states
More North Dakota legal forms
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