Free North Dakota Lease & Rental Agreement

Last updated September 27, 2026

Written by LawLease Editorial

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North Dakota Residential Lease Agreement

A North Dakota residential lease (also called a North Dakota rental agreement) sets the rent, term and house rules for a home rental. A North Dakota residential lease is governed by Chapter 47-16 of the North Dakota Century Code (leasing of real property), with evictions handled under Chapter 47-32. North Dakota caps deposits at one month’s rent, requires them to earn interest for longer tenancies, adds a treble-damages penalty for wrongful withholding, and uses a consent-based entry rule rather than a fixed notice period.

North Dakota landlord–tenant law at a glance

North Dakota residential lease law summary
Security deposit limit	1 month’s rent (2 months in two narrow cases); separate pet deposit up to the greater of $2,500 or 2 months’ rentN.D.C.C. §47-16-07.1
Deposit return	30 days after termination and delivery of possession, with an itemized accounting and interestN.D.C.C. §47-16-07.1(3)
Late fees	No statutory cap; a fee just for paying by cash, check or money order is prohibitedN.D.C.C. §47-16-20.1
Rent-increase notice	30 days’ written notice before the end of the month (month-to-month)N.D.C.C. §47-16-07
Landlord entry	Notice plus tenant consent to a time certain; no fixed hour countN.D.C.C. §47-16-07.3
Month-to-month termination	One calendar month’s written noticeN.D.C.C. §47-16-15(2)
Nonpayment eviction notice	3 days’ written notice of intention to evictN.D.C.C. §47-32-02
Rent control	Prohibited statewideN.D.C.C. §47-16-02.1

Security deposits in North Dakota

A North Dakota landlord may not demand or receive security of more than one month’s rent (§47-16-07.1(1)). Two exceptions allow up to two months’ rent: an applicant with a felony conviction (as an incentive to rent to them), and an applicant who has had a judgment entered against them for violating a previous rental agreement.

Pet deposits — A separate pet security deposit is allowed, capped at the greater of $2,500 or two months’ rent. It can’t be charged for a service or assistance animal a tenant with a disability needs as a reasonable accommodation (§47-16-07.1(2)).
Interest-bearing account — The deposit must be held in a federally insured, interest-bearing savings or checking account for the tenant’s benefit, and the deposit plus accrued interest is paid to the tenant at the end of the lease. No interest is owed if the tenant occupied the unit for less than nine months (§47-16-07.1).
Permitted deductions — Damage caused by the tenant’s pet or by the negligence of the tenant or guests; unpaid rent; and cleaning or repairs that were the tenant’s responsibility, reasonable wear and tear excepted (§47-16-07.1(3)).
Return — Within 30 days after the lease ends and the tenant delivers possession, the landlord must deliver or mail to the tenant’s last furnished address an itemized list of deductions, the amount due, and a statement of any balance owed either way (§47-16-07.1(3)).
Treble damages — A landlord who withholds deposit money without reasonable justification is liable for three times the amount (§47-16-07.1(4)).
Sale of the property — On a sale, the deposit and interest transfer to the new owner, and the seller stays liable until they do (§47-16-07.1(5)).

Rent, late fees & rent increases

Late fees — North Dakota has no statutory late-fee cap or mandatory grace period; the lease controls, and a fee should be a reasonable estimate of the landlord’s loss. A 2025 bill to cap late fees at 8% of rent (SB 2236) did not become law.
Payment-method fees — A landlord may not charge a fee to accept cash, a check or a money order for rent or any other payment due under the lease (§47-16-20.1).
Rent increases — For a month-to-month tenancy, the landlord may change the rent or other terms, effective at the end of a month, by written notice given at least 30 days before the month ends (§47-16-07). The tenant may then end the tenancy at the end of the month with at least 25 days’ notice (§47-16-15(3)).
Rent control — No political subdivision may enact or enforce an ordinance controlling the amount of rent for private residential property (§47-16-02.1).

Landlord entry & access

A North Dakota landlord may enter at any time in an emergency, or if the landlord reasonably believes the tenant has abandoned the unit or is in substantial violation of the lease (§47-16-07.3(1)).

For inspections, repairs, services or showings, entry must be at reasonable hours and in a reasonable manner, and — unless it is impractical — the landlord must first notify the tenant and obtain consent identifying a time certain. The tenant can’t unreasonably withhold consent, and consent is presumed if the tenant doesn’t object after notice of a specific entry time. Notice may be delivered personally, posted conspicuously for a reasonable period, or given any other way that results in actual notice. The statute sets no minimum number of hours, and the landlord may not use access to harass the tenant (§47-16-07.3(2)).

Ending a North Dakota tenancy

Either party may end a month-to-month tenancy by giving at least one calendar month’s written notice at any time; rent runs to and including the termination date (§47-16-15(2)). If a residential tenant holds over after the lease expires and the landlord accepts rent, the tenancy becomes month-to-month (§47-16-06).

Key North Dakota notice rules
Month-to-month (either party)	One calendar month§47-16-15(2)
Tenant after a landlord’s change of terms	25 days, ending at the end of the month§47-16-15(3)
Enforcing an automatic-renewal clause	Written notice to the tenant 30+ days before the lease expires§47-16-06.1
Eviction for nonpayment, holdover or material breach	3 days’ written notice of intention to evict§47-32-02

Longer tenant notice must be initialed — A lease requiring the tenant to give more than one month’s notice must say so and provide space for the tenant to initial it; otherwise the tenant may end the lease on the last day of a month with one calendar month’s notice (§47-16-15(4)).
Domestic violence — A tenant who is a victim of domestic violence, or fears imminent violence from a person named in a protection order or other court record, may terminate with advance written notice. The tenant owes rent for the month of termination plus one additional month, subject to the landlord’s duty to mitigate (§47-16-17.1).
Death of a tenant — A surviving tenant or the estate may end the lease on the last day of the month following the tenant’s death (§47-16-18).
Military — Active-duty servicemembers with qualifying orders may terminate under the federal SCRA (50 U.S.C. §3955).

Required disclosures in North Dakota

North Dakota doesn’t require radon, mold, bedbug or flood disclosures for ordinary residential leases.

Move-in condition statement — At the start of the rental agreement, the landlord must give the tenant a statement describing the condition of the premises, agreed to and signed by both parties. It is prima facie proof of the unit’s condition at move-in (§47-16-07.2).
Automatic renewal notice — For leases of two months or more, an automatic-renewal clause is enforceable only if the landlord gives written notice of it at least 30 days before the lease expires; otherwise the lease converts to month-to-month (§47-16-06.1).
Lead-based paint — Federal lead warning and known-hazard disclosure for housing built before 1978 (42 U.S.C. §4852d).

Habitability & repairs

A North Dakota landlord must comply with building and housing codes materially affecting health and safety, make all repairs needed to keep the premises fit and habitable, keep common areas clean and safe, maintain electrical, plumbing, sanitary, heating, ventilating and air-conditioning systems and appliances the landlord supplies, provide for trash removal, and supply running water, reasonable hot water and reasonable heat (§47-16-13.1). The landlord gets a reasonable time to cure a problem.

If the landlord doesn’t make needed repairs within a reasonable time after notice, the tenant may repair and deduct the cost from rent, recover it another lawful way, or vacate and be discharged from further rent (§47-16-13). A single-family tenant may agree in writing, in good faith, to take on certain duties such as heat, water or trash (§47-16-13.1(4)).

Tenant protections you can’t waive

Unconscionable terms — A court may refuse to enforce, or limit, any lease provision — or any settlement waiving a maintenance right — that was unconscionable when made (§47-16-13.3).
Deposit rules — The deposit cap, interest, 30-day accounting and treble-damages rules of §47-16-07.1 apply regardless of the lease terms.
Domestic-violence protections — A landlord can’t refuse to rent to or retaliate against someone for using the domestic-violence termination right, and can’t disclose the tenant’s documentation; statutory damages of $1,000 are available (§47-16-17.1).
Court process for possession — A landlord recovers possession through an eviction action in district court after the required notice (§§47-32-01, 47-32-02) — not by lockout.

North Dakota lease agreement FAQs

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

Generally no more than one month’s rent. Up to two months is allowed for a tenant with a felony conviction or a prior judgment for violating a rental agreement, and a separate pet deposit may be up to the greater of $2,500 or two months’ rent (N.D.C.C. §47-16-07.1).

How long does a landlord have to return a security deposit in North Dakota?

30 days after the lease ends and the tenant delivers possession, with an itemized list of deductions and the amount due, plus interest if the tenant stayed nine months or more. Withholding without reasonable justification exposes the landlord to treble damages (N.D.C.C. §47-16-07.1).

Is there a cap on late fees in North Dakota?

No. North Dakota sets no statutory late-fee cap or grace period — a proposed 8% cap failed in 2025. Landlords may not, however, charge a fee to accept rent paid by cash, check or money order (N.D.C.C. §47-16-20.1).

How much notice does a North Dakota landlord need to enter?

There’s no fixed number of hours. Except in an emergency or suspected abandonment or serious lease violation, the landlord must notify the tenant and get consent for a specific time; consent can’t be unreasonably withheld and is presumed if the tenant doesn’t object (N.D.C.C. §47-16-07.3).

How much notice is required to raise the rent in North Dakota?

For a month-to-month tenancy, written notice at least 30 days before the end of the month, taking effect at the start of the next month (N.D.C.C. §47-16-07). The tenant may respond by ending the tenancy with 25 days’ notice (§47-16-15(3)). During a fixed-term lease, rent can’t change unless the lease allows it.

What eviction notice is required in North Dakota?

Three days’ written notice of intention to evict before filing, for nonpayment of rent, holding over after the lease ends, or a material breach of a written lease (N.D.C.C. §§47-32-01, 47-32-02).

Does a North Dakota lease need to be notarized?

No. A residential lease is enforceable once signed, and North Dakota doesn’t require notarization. The landlord must give the tenant a signed move-in condition statement at the start of the lease (N.D.C.C. §47-16-07.2).

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