With over ninety-percent of the state covered by farms, North Dakota is considered the most rural of all of the states. Out of all of the residences in North Dakota, only around 15% are rented. North Dakota maintains a relatively even balance between landlord and tenant rights, with regards to the laws. At the beginning of all tenancies, the landlord must give to the renter a written account that details the condition of the rental unit.
At a Glance:
Late Fees: There are no maximums in regard to how much may be charged however, it must be stated in the lease.
Security Deposit: Security deposits may not be more than the amount equal to one month’s rent.
Returned Payment Fee Limit: The landlord may charge a fee of $40 for a payment that is not honored by the bank.
Notice to Enter: The landlord must give the tenant notification with date and time he needs to enter and tenant must consent.
Late Fee/Returned Check Fee:
Late Fee: There are no explicit limitations on how much a late fee may be, but it must be written into the lease for it to be imposed.
Returned Payment: If a bank returns the rental payment, the landlord may charge a fee of no more than $40.
Security Deposits:
North Dakota permits the landlord to accept a security deposit, no matter how labeled, more than an amount equal to one month’s rental payment. If pets are permitted, a pet security deposit may be assessed but not be more than $2,500 or an amount equal to 2 month’s rental payment unless the pet is a service animal or companion.
The security deposit must be kept in an interest-bearing savings or checking account. The interest shall be paid to the renter upon termination of the lease and move-out. (article continues below)
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Deductions from the security deposit plus the accrued interest may be made for any damage done to the property, replacements, repairs and cleaning needed above normal wear and tear along with any unpaid rent. The full security deposit or part of with a statement of the deductions must be provided to the renter within 30 days after termination and delivery of possession back to the owner.
*Note: Interest is not due to the renter if the lease or tenancy was less than 9 months.
Maintenance:
In addition to making sure that the premises are fit and safe, the landlord must make sure the renter has appropriate trash containers along with arrangements for removal. The landlord must be sure that there is heat and reasonable amounts of hot water at all times during the months of October through the first day in May.
Right of Entry:
North Dakota § 47-16-07.3(2) provides that unless there is an emergency, the landlord must give notice before entering the rental unit when practical, and obtain the renter’s permission to enter if practical.
Notice to End Lease:
If the lease runs monthly, unless the written lease says otherwise, a thirty-day advance notification is needed. If there is a lease that includes a definitive termination date, no notice is required. Leases that go week to week require a weeks’ notice.
Eviction:
North Dakota eviction statutes are found in Chapter 47-32 of the North Dakota Century Code. When a renter has not paid rent when it is due, the landlord must provide a written notice of termination that lets the renter know that if the amount is not paid within 3 days, the lease is termination. The landlord may then go to court and file a summons to have the tenant removed. If the renter violates the lease, a 3-day notice must also be given before filing in court for eviction.
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