North Dakota landlord and tenant rules

Seayora publishes 9 North Dakota rules, covering security deposits, notice periods, rent regulation, fair housing, contractor sales tax. Every one is composed from the statute it cites and links to that statute on the state’s own code site.

North Dakota at a glance

RuleNorth Dakota
Does a landlord have to pay interest on a security deposit in North Dakota?Interest required when held nine months or longer.
How long does a landlord have to return a security deposit in North Dakota?30 days
How much can a landlord charge for a security deposit in North Dakota?1 month of rent
How many days does a tenant get to pay late rent in North Dakota?3 days
How much notice does a landlord have to give before raising the rent in North Dakota?30 days
How much notice must a landlord give to end a tenancy in North Dakota?30 days
Is there rent control in North Dakota?Prohibited by state law
Can a landlord refuse a Section 8 voucher in North Dakota?Protected: a landlord may not refuse one
Do contractors charge sales tax in North Dakota?Consumer of materials

Security deposits in North Dakota

Does a landlord have to pay interest on a security deposit in North Dakota?

Yes. North Dakota requires a landlord to pay the tenant interest on a security deposit. Interest required when held nine months or longer. The deposit itself must be returned within 30 days of the end of the tenancy. This is N.D. Cent. Code § 47-16-07.1.

Full answer and the checkable figures.

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

In North Dakota, a landlord has 30 days after the tenancy ends to return the security deposit, together with an itemised statement of any deductions. North Dakota also requires interest to be paid on the deposit: Interest required when held nine months or longer. This is N.D. Cent. Code § 47-16-07.1.

Full answer and the checkable figures.

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

In North Dakota, a security deposit is capped at 1 month of rent. One month's rent (up to two for a tenant with a felony or eviction record). This is N.D. Cent. Code § 47-16-07.1.

Full answer and the checkable figures.

Notice periods in North Dakota

How many days does a tenant get to pay late rent in North Dakota?

In North Dakota, a landlord must give 3 days written notice before starting a nonpayment case. This is N.D. Cent. Code §§ 47-16-07, 47-16-15, 47-16-07.3, 47-32-01, 47-32-02.

On a month-to-month lease the landlord may change the terms, the rent included, with written notice at least 30 days before the end of the month. Either party may end a lease that has converted to month-to-month on the last day of a month with at least one calendar month's notice. Entry: the landlord must first notify the tenant and get consent to a time certain, which may not be unreasonably withheld, so no fixed period is published. Nonpayment: an eviction may be brought once rent is three days overdue, after three days' written notice of intention to evict.

Full answer and the checkable figures.

How much notice does a landlord have to give before raising the rent in North Dakota?

In North Dakota, a landlord must give 30 days written notice before raising the rent. This is N.D. Cent. Code §§ 47-16-07, 47-16-15, 47-16-07.3, 47-32-01, 47-32-02.

On a month-to-month lease the landlord may change the terms, the rent included, with written notice at least 30 days before the end of the month. Either party may end a lease that has converted to month-to-month on the last day of a month with at least one calendar month's notice. Entry: the landlord must first notify the tenant and get consent to a time certain, which may not be unreasonably withheld, so no fixed period is published. Nonpayment: an eviction may be brought once rent is three days overdue, after three days' written notice of intention to evict.

Full answer and the checkable figures.

How much notice must a landlord give to end a tenancy in North Dakota?

In North Dakota, a landlord must give 30 days written notice to end a tenancy or decline to renew it. This is N.D. Cent. Code §§ 47-16-07, 47-16-15, 47-16-07.3, 47-32-01, 47-32-02.

On a month-to-month lease the landlord may change the terms, the rent included, with written notice at least 30 days before the end of the month. Either party may end a lease that has converted to month-to-month on the last day of a month with at least one calendar month's notice. Entry: the landlord must first notify the tenant and get consent to a time certain, which may not be unreasonably withheld, so no fixed period is published. Nonpayment: an eviction may be brought once rent is three days overdue, after three days' written notice of intention to evict.

Full answer and the checkable figures.

Rent regulation in North Dakota

Is there rent control in North Dakota?

No. North Dakota has no statewide rent control, and its cities and counties cannot simply adopt their own: a political subdivision may not enact, maintain or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property. This is N.D. Cent. Code § 47-16-02.1.

Full answer and the checkable figures.

Fair housing in North Dakota

Can a landlord refuse a Section 8 voucher in North Dakota?

No, not in most cases. In North Dakota, a person may not refuse to rent a dwelling, or set different terms, because of a person’s status with respect to public assistance, which state law defines to include being a tenant who receives federal, state or local rental assistance. This is N.D. Cent. Code §§ 14-02.4-02, 14-02.5-02.

Full answer and the checkable figures.

Contractor sales tax in North Dakota

Do contractors charge sales tax in North Dakota?

In North Dakota a contractor is treated as the CONSUMER of the materials they build into real property. That means the contractor pays sales tax when they buy the materials, and does not add sales tax to the customer's invoice for that work — the tax is already inside the price. North Dakota also has county, city or special-district rates on top of the state rate, so the rate depends on where the job site is, not where the contractor is based. Source: N.D.C.C. §57-39.2-04; contractors are the consumers of materials used in real property improvement.

Full answer and the checkable figures.

Sources

  • N.D. Cent. Code § 47-16-02.1
  • N.D. Cent. Code § 47-16-07.1
  • N.D. Cent. Code §§ 14-02.4-02, 14-02.5-02
  • N.D. Cent. Code §§ 47-16-07, 47-16-15, 47-16-07.3, 47-32-01, 47-32-02
  • N.D.C.C. §57-39.2-04; contractors are the consumers of materials used in real property improvement.

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

This is a summary of a state’s published guidance, not tax or legal advice. Rates and rules change, local jurisdictions add their own, and the treatment of a specific job depends on the contract and the work. Check the citation and speak to a CPA or a state tax adviser before relying on it.

How Seayora uses these rules

Security deposits. Seayora computes the deadline this rule sets from the tenancy’s own dates, shows it on the deposit statement, and reminds the landlord before it falls due — so the answer above is not reference material sitting beside the product, it is the rule the product enforces.

Notice periods. Seayora computes the notice this rule requires from the tenancy’s own dates — for a renewal offer, a rent increase or a served notice — and will not serve one that is short unless the owner records a reason. The answer above is the rule the product enforces.

Rent regulation. This page states whether the state lets its cities control rent, and any statewide limit on an increase, so a renewal can be checked before it is offered. In New York City, Seayora’s rent-increase advisor goes further: it computes the highest increase the Rent Guidelines Board order and the Good Cause standard allow for each apartment, with the law cited, and gives no number where the law is not verified.

Fair housing. This page states whether the state protects renters who pay with a housing voucher, so a listing and its screening rules can be checked against it before they are published. Seayora’s rental search assistant never filters homes by how a renter will pay the rent.

Contractor sales tax. Seayora resolves this rule on every invoice a contractor raises — per line, from the job site’s own address — and prints the rate, the jurisdiction and this citation on the document itself, so the estimate a customer accepts is the invoice they are billed. Where the rule is more nuanced than a single answer, Seayora refuses to guess a total rather than quoting a confident wrong one.

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