North Dakota Room Rental Agreement Generator

Chapter 47-16 covers the lease itself: what must be disclosed, how deposits are held, when rent can change, and who repairs what. Chapter 47-32 covers the eviction action, officially an eviction (forcible detainer) proceeding in district court. Federal law — including the lead-paint disclosure for pre-1978 housing — applies on top of the state statutes.

Because so much is left to the agreement, a well-drafted North Dakota lease should address the terms the statute does not: late fees, utility responsibility, entry notice, and renewal. Courts enforce clear, signed terms, so the written agreement is both sides’ best protection.

North Dakota caps the standard security deposit at one month’s rent (N.D.C.C. 47-16-07.1(1)). A landlord may collect up to two months’ rent only from a tenant convicted of a felony or against whom a judgment was entered for violating a previous rental agreement. The money must be deposited in a federally insured, interest-bearing account for the tenant’s benefit, and if the tenant occupies the unit for nine months or more, the landlord must pay over the accumulated interest at the end of the lease.

Within 30 days after the tenancy ends and the tenant delivers possession, the landlord must return the deposit and accrued interest, or send a written itemization of deductions along with the amount due. Deductions are limited to damages from the tenant’s pet or negligence, unpaid rent, and cleaning or repair costs needed to return the unit to its move-in condition, ordinary wear and tear excepted. A deposit withheld without reasonable justification triggers treble damages (N.D.C.C. 47-16-07.1(4)), and courts have also held that a landlord who misses the itemization deadline can forfeit the right to keep anything.

North Dakota also requires a move-in condition statement: the landlord must provide a check-in sheet describing the unit’s condition, and both parties should sign it (N.D.C.C. 47-16-07.2). Tenants should photograph the unit at move-in and move-out and keep the signed checklist — it is the best evidence of condition if a dispute later lands in court.

North Dakota allows a separate pet security deposit, capped at the greater of $2,500 or an amount equal to two months’ rent, for animals that are not service or companion animals (N.D.C.C. 47-16-07.1(2)). The pet deposit is on top of the one-month general cap, and it may only be used for pet-related damage. No pet deposit may be charged for a service or companion animal required as a reasonable accommodation for a disability, though a landlord may ask for documentation of the need.

Pet rent is not addressed by statute, so the amount — if any — is whatever the lease says. Landlords should label the pet deposit separately from the regular deposit in the lease and itemize any pet-damage deductions at move-out like any other withholding.

North Dakota has no rent control, and the rent on a fixed-term lease is locked until the term ends. For a month-to-month tenancy, a landlord may raise the rent by any amount on at least 30 days’ written notice (N.D.C.C. 47-16-07). The tenant, in turn, may end the lease at the end of a month with at least one calendar month’s notice, or with 25 days’ notice after a landlord changes the terms (N.D.C.C. 47-16-15).

Any notice requirement longer than one month must be spelled out in the lease next to a space for the tenant to initial it — if the tenant never initials it, the one-month rule applies. Tenants should treat a rent-increase notice as a negotiation moment and respond in writing; landlords should give increases in writing with proof of delivery.

North Dakota landlords must keep the building up to code, keep common areas safe, provide garbage containers and removal, and install smoke detectors in each unit. The state also gives tenants a genuinely useful repair remedy: if the landlord neglects a repair within a reasonable time after written notice, the tenant may repair the premises and deduct the expense from the rent, recover the cost from the landlord, or vacate without further liability for rent (N.D.C.C. 47-16-13).

Tenants should put repair requests in writing, keep receipts for anything they fix, and stay current on rent while a dispute is pending. Landlords may enter at reasonable times for repairs, inspections, or showings with reasonable notice (N.D.C.C. 47-16-07.3), but may never lock a tenant out, cut off utilities, or confiscate belongings — those are unlawful self-help measures.

North Dakota evictions start with a notice to quit giving the tenant three days to move out for nonpayment of rent (N.D.C.C. 47-32-01). If the tenant does not leave, the landlord files an eviction action in district court; the hearing is usually scheduled 3 to 15 days after the summons is issued, and if the court rules for the landlord, the tenant can be evicted the same day unless a judge allows a hardship stay of up to five days (N.D.C.C. 47-32-04).

Tenants served with an eviction summons should respond immediately and use the court’s self-help materials or Legal Services of North Dakota — the timeline is short, and North Dakota winters do not stop an eviction. Landlords must go through the court process; self-help evictions are unlawful.

Small claims court in North Dakota is a division of district court with a $15,000 limit (N.D.C.C. 27-08.1-01) — more than enough for nearly any deposit dispute, especially with treble damages on the table. Filing costs about $20, hearings are short, and small claims judgments are generally final with no appeal. Because a landlord sitting on an unjustified $900 deposit faces up to $2,700 in treble damages, a written demand letter citing N.D.C.C. 47-16-07.1 often settles the matter before anyone files.

For help, contact Legal Services of North Dakota or consult the North Dakota Attorney General’s tenant-rights page and the Supreme Court’s Legal Self Help Center. Fargo, Grand Forks, and other cities maintain their own housing codes, so check local rules as well as state law.