Last reviewed September 2026
Written by LawLease Editorial
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North Dakota Room Rental Agreement
This Room Rental Agreement is built with North Dakota as the governing state. These are the North Dakota landlord-tenant rules that most often bear on it, with the statute for each.
North Dakota rules at a glance
| 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) |
| 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)). |
| Deposit rules | The deposit cap, interest, 30-day accounting and treble-damages rules of §47-16-07.1 apply regardless of the lease terms. |
| Landlord entry | Notice plus tenant consent to a time certain; no fixed hour countN.D.C.C. §47-16-07.3 |
| 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 |
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)).
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 Room Rental 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).
More North Dakota landlord documents
- North Dakota Residential Lease Agreement
- North Dakota Eviction Notice
- North Dakota Security Deposit Return Letter
- North Dakota Rent Increase Notice
- North Dakota Notice to Vacate
- North Dakota Application Approval Letter
- North Dakota Application Denial Letter
- North Dakota Background & Credit Check Authorization
- North Dakota Rental Application
- North Dakota Co-Signer Guarantor Agreement
- North Dakota Bed Bug Addendum
- North Dakota Mold & Mildew Addendum
- North Dakota No-Smoking Addendum
- North Dakota Parking & Storage Addendum
- North Dakota HOA & Community Rules Addendum
- North Dakota Crime-Free Housing Addendum
- North Dakota Utilities & Services Addendum
- North Dakota Early Termination Addendum
- North Dakota Lease Extension Addendum
- North Dakota Lead-Based Paint Disclosure
- North Dakota Military Clause (SCRA)
- North Dakota Pet Addendum
- North Dakota Cash for Keys Agreement
- North Dakota Mutual Lease Termination Agreement
- North Dakota Lease Renewal Agreement
- North Dakota Notice of Non-Renewal
- North Dakota Late Rent Notice
- North Dakota Lease Violation Notice
- North Dakota Notice of Entry
- North Dakota Move-In / Move-Out Inspection Checklist
- North Dakota Rent Receipt
- North Dakota Rent Verification Letter
- North Dakota Tenant Welcome Letter
- North Dakota Property Management Agreement
- North Dakota Commercial Lease
- North Dakota Rent-to-Own Agreement
- North Dakota Short-Term Rental Agreement
- North Dakota Roommate Agreement
- North Dakota Spanish Lease Agreement
- North Dakota Sublease Agreement
- North Dakota Lease Amendment
Room Rental Agreement in other states
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