North Dakota · Lease

North Dakota Lease Agreement Review

Signing a rental lease in North Dakota? The clauses that decide your money and your privacy, the security deposit, landlord entry, habitability, and late fees, are governed by North Dakota law, and some common lease terms are unenforceable here. Here is how North Dakota treats each, and what ClauseAudit checks before you sign.

Security deposit

1 month (more for pets or certain tenants)

Entry notice

Reasonable notice

Security deposits in North Dakota

North Dakota generally caps deposits at one month’s rent and requires reasonable notice before entry.

Before you sign, check the deposit against the North Dakota limit above, get the amount and the return terms in writing, and watch for a deposit that exceeds what the state allows, a common and negotiable red flag.

Landlord entry and your privacy in North Dakota

North Dakota generally requires Reasonable notice of advance notice before a landlord enters for non-emergency reasons. A lease clause letting the landlord enter “at any time” conflicts with that and should be brought in line.

Habitability and repairs in North Dakota

Like nearly every state, North Dakota recognizes an implied warranty of habitability, the landlord’s duty to keep the home livable. A clause making you accept the unit “as is” or waive that warranty is generally void, and a clause shifting all repairs (including major systems) onto you is a red flag worth negotiating.

What ClauseAudit checks in a North Dakota lease

  • Security deposit vs the North Dakota limit, and the return terms
  • Landlord entry notice against North Dakota requirements
  • Waiver of the warranty of habitability (generally void)
  • Who is responsible for repairs and maintenance
  • Late fees, grace periods, and any state caps
  • Early-termination penalties and the duty to mitigate

North Dakota lease FAQ

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

As of 2025, the security-deposit rule in North Dakota is: 1 month (more for pets or certain tenants). North Dakota generally caps deposits at one month’s rent and requires reasonable notice before entry. Deposit caps change, so confirm the current figure, ClauseAudit checks it against North Dakota law when you run your lease.

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

In North Dakota, a landlord generally must give Reasonable notice before entering for non-emergency reasons. Emergencies are an exception. Check that your lease’s entry clause matches or improves on that.

Can a North Dakota lease make me waive my right to a habitable home?

In nearly every state, the implied warranty of habitability, the landlord’s duty to keep the unit livable, cannot be waived, and a clause trying to make you accept the home “as is” is generally void. Flag any such clause in a North Dakota lease; it does not override your rights.

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

North Dakota caps it: 1 month (more for pets or certain tenants). North Dakota generally caps deposits at one month’s rent and requires reasonable notice before entry. That figure is unusual, shared with no other jurisdiction in this dataset. A lease asking for more than the statutory maximum is asking for something the law does not allow.

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

Reasonable notice. 8 jurisdictions use the same period. A lease that allows entry on shorter notice, or on no notice at all, is inconsistent with that, and emergencies are usually treated separately.

Do the states next to North Dakota treat deposits the same way?

No, and the gap can be large: Minnesota (No statewide cap), Montana (No statewide cap), South Dakota (1 month). Deposit rules are set state by state, so a landlord operating across a state line may be working from the wrong rulebook, and a lease template borrowed from a neighbouring state may carry that state's figure rather than North Dakota's.

Is there anything specific to North Dakota tenants should know?

North Dakota generally caps deposits at one month’s rent and requires reasonable notice before entry. Both the deposit ceiling and the entry-notice period come from statute here, so a lease that contradicts either is worth questioning.

Have a North Dakota lease to sign?

Upload it and get every clause checked against North Dakota law in about a minute, with a fix for each problem.

Deposit rules in neighbouring states

Deposit limits are set state by state, and 3 of the 3 states bordering North Dakota use a different one. A lease template borrowed from next door may carry the wrong figure.

Nationally: 0 of 51 jurisdictions set no statutory deposit cap, and 16 set no statutory entry-notice period.

Free lease checklist →Security deposit laws by state →About the Lease analyzer →See a sample lease report →

North Dakota landlord-tenant figures summarized as of 2025; deposit caps and entry rules change, and localities may add their own. This is AI-assisted educational information, not legal advice. ClauseAudit verifies the current rule against North Dakota law when you run your lease, and you should confirm anything critical with a qualified North Dakota attorney.