Summary: A detailed guide on the rights and responsibilities of tenants and landlords can be found in North Dakota Century Code § 47-16 – Leasing of Real Property. It covers the leasing of property, detailing the rights and duties of landlords and tenants. Leases can be fixed-term or periodic, requiring terms like rent, duration, and property details. Landlords must provide a habitable property, and tenants must pay rent and maintain the space. Leases can end by expiration, agreement, or breach, with proper notice required. The law also outlines eviction processes, tenant remedies, and rules for security deposits ^[1]

Summary: Landlords and tenants must adhere to the following security deposit laws:

• 30 Days – Landlords must return the deposit within 30 days after the lease ends.
• Itemized List – Deductions must be itemized and provided to the tenant in writing.
• Maximum – The security deposit cannot exceed one month’s rent unless a pet deposit is required, in which case the total may not exceed 1.5 months’ rent.^[2]
• Interest on Security Deposits – Landlords are not required to pay interest on security deposits. 

Summary: Both landlords and tenants can terminate a lease under the following conditions:

• Landlord’s Ability to Terminate
  • 3-day notice for nonpayment of rent.
  • Immediate termination for criminal activity or severe property damage.
• Tenant’s Ability to Terminate
  • Tenants may terminate for uninhabitable conditions if the landlord is notified and fails to resolve the issue.
  • 30-day notice required for month-to-month leases.

Summary: North Dakota law requires landlords to provide tenants with “reasonable notice,” usually 24 hours, before entering the rented property, except in emergencies.^[3]

Summary:

• Grace Period – North Dakota law does not require a grace period.
• Maximum Late Fee – Late fees must be “reasonable” and stated in the lease agreement.
• NSF Fee – Landlords may charge a $40 fee for returned checks.^[4]

Summary: Landlords must disclose the following to tenants before the move-in date:

• Lead-Based Paint Disclosure Form – All properties built before 1978, landlords must inform tenants about potential lead paint hazards. They must provide an informational packet and obtain a signed acknowledgment from the tenant.
• Move-in Checklist – The state requires that every lease agreement include a checklist detailing the property’s condition at move-in, covering both the interior and exterior.