by Cyndi Li

Created on: November 14, 2011   Last Updated: January 19, 2012

Tenants and landlords in North Dakota should have a clear understanding of what their rights and obligations are when entering into a lease agreement. If you’re already locked into a lease agreement you should still educate yourself as to the law. Here’s a brief overview of North Dakota tenant landlord laws that will get you started.

Discrimination

Like all other states, it is illegal to refuse to rent to someone based on their race, religion, color, national origin, age, sex, sexual orientation, marital status, disability or handicap (as defined by law), presence of minor children, because the tenant receives public assistance, or because of the gender identity of the tenant.

The lease agreement

A lease agreement in North Dakota can be either written or verbal. Although a verbal agreement is binding, it is much safer for tenants and landlords to have a written document that outlines the terms of the agreement.

Late fees

If a tenant in North Dakota pays his or her rent after the due date as stipulated in the lease agreement, a landlord may assess a fee that the tenant is obligated to pay. This provision, however, must be spelled out in writing or the two parties must verbally agree to how much the late fee will be and on what date it will be effective in order for it to be legal and binding.

The security deposit

A security deposit must be returned to the tenant at the end of the lease or when the tenant vacates the rental property. Additionally, if the lease agreement was for 9 months or longer, North Dakota tenant landlord laws stipulate that interest on the security deposit must be paid to the tenant.

A landlord has a right to withhold part or all of the security deposit to cover expenses due to damage to the rental property that was caused by either the tenant or a quest of the tenant. Additionally, the landlord may withhold part of the security deposit for cleaning expenses, or to compensate for unpaid rent. The landlord is obligated to provide the tenant with an itemized list of any deductions he or she claims.

If a tenant disagrees with the amount returned to them, they have a right to sue the landlord in small claims court. If the court finds in favor of the tenant, he or she may be awarded treble damages. Treble damages are triple the amount withheld when a North Dakota court finds there was no legal justification to withhold all or part of the security deposit.

Note: Treble damages must be requested at the initial time the claim is filed.

Landlord obligations and responsibilities

A landlord in North Dakota is obligated to comply with all building and housing codes relative to the safety and health of the occupants of the rental property.

He or she is obligated to maintain the property in a habitable state, and must make any necessary repairs in a timely manner.

A landlord is required to install visual smoke detectors in place of traditional smoke detectors if the tenant is hearing impaired.

Tenant obligations and responsibilities

A tenant in North Dakota is obligated to maintain the rental property in a clean and safe manner.

A tenant may not damage, destroy, deface or remove any part of the premises whether willfully or through negligence.

A tenant is required to inform the landlord of any necessary repairs to the rental property in a timely manner.

This overview of North Dakota tenant landlord laws is not intended to be law verbatim. Nor should it be taken as legal advice. 

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