North Dakota Lease Agreement Review
North Dakota handles deposits differently from most states. Under NDCC 47-16-07.1 the money must sit in a federally insured interest-bearing account for your benefit, pet deposits have their own ceiling, and a landlord who keeps a deposit without reasonable justification faces treble damages. The state also requires a signed move-in condition statement and lets victims of domestic violence end a lease for a fixed, limited cost.
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.
North Dakota lease law sets the limit above. Before you sign, check the deposit against it, 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 happens to a North Dakota deposit at move-out?
Within 30 days after the lease ends and you hand back possession, the landlord must send an itemized statement of any deductions, the amount due, and a written notice to the last address you gave. Deductions are limited to unpaid rent, damage from you, your guests or your pet, and cleaning or repairs needed to return the unit to its move-in state, reasonable wear and tear excepted. Interest is owed unless you stayed less than nine months.
A pet deposit can be charged for animals other than assistance animals, capped at the greater of $2,500 or two months' rent. NDCC 47-16-07.2 requires a condition statement signed by both sides at the start of the lease, which later serves as prima facie proof of the unit's condition.
How does early termination for domestic violence work here?
NDCC 47-16-17.1 lets a tenant who fears imminent domestic violence from a person named in a court order or record end the lease with advance written notice stating the termination date. You owe rent for the full month in which the tenancy ends plus one more month's rent, subject to the landlord's duty to mitigate, and nothing more for the rest of the term. The landlord may not disclose your documentation, and a court can award $1,000 in statutory damages for violations.
North Dakota sources checked 2026-10-09: N.D. Cent. Code ch. 47-16, leases (PDF). Laws change; confirm the current rule before relying on it.
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 October 2026, 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.
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.
Can a North Dakota landlord just walk in after posting a note?
Not quite. NDCC 47-16-07.3 requires the landlord, unless it is impractical, to notify you and get consent for a time certain; consent is presumed if you do not object after notice. Entry must be at reasonable hours and in a reasonable manner, and the statute bars using access to harass. Emergencies and suspected abandonment are exceptions.
Can a North Dakota landlord ask a higher deposit from some applicants?
Yes, in two cases set by NDCC 47-16-07.1. A landlord may accept up to two months' rent from someone with a felony conviction as an incentive to rent to them, and may demand up to two months from someone with a prior judgment for breaking a rental agreement. Otherwise the cap is one month's rent.
Have a North Dakota lease to sign?
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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.
North Dakota landlord-tenant figures summarized as of October 2026; deposit caps and entry rules change, and localities may add their own. This is automated 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.