Challenging Illegal Rent Increases in North Dakota

Rent increases can create significant stress for tenants. If you’re renting in North Dakota and have received a notice about a rent hike that feels unfair or illegal, it’s important to know your rights. This guide shows North Dakota renters how to recognize and take action on an improper rent increase by navigating state law and official resources.

Understanding Rent Increases in North Dakota

North Dakota does not have traditional rent control laws. Instead, rent increases are largely guided by the lease agreement and the state’s general landlord-tenant statutes. Landlords are generally allowed to raise rent as long as they provide proper notice and do not violate discrimination or retaliation laws. However, there are important rules that must be followed.

Notice Requirements for Rent Increases

• Month-to-month leases: Landlords must give at least 30 days’ written notice before any rent increase is effective. The notice must be delivered prior to the next rental period.
• Fixed-term leases: Rent can only be increased when the lease term ends, unless otherwise specified in the lease.
• Notice must be clear: The written notice should specify the amount of the new rent, the effective date, and be properly delivered to the tenant.

You can review the official rules in the North Dakota Century Code Chapter 47-16: Landlord and Tenant.^[1]

When is a Rent Increase Illegal?

Not every rent hike is legal, even if North Dakota has no rent control. A rent increase may be unlawful if it:

• Is applied without the required written notice
• Goes into effect before your lease expires (for fixed-term leases with no built-in increase provision)
• Targets you because of discrimination (race, gender, religion, disability, etc.)
• Is in retaliation for having asserted your rights as a renter (such as requesting repairs)

If you believe any of these apply, you may have grounds to challenge the rent increase.

How to Challenge an Illegal Rent Increase

Being proactive and informed is key. Here’s how you can address a rent increase that you feel violates North Dakota law:

1. Review Your Lease and Statute

• Carefully read your rental agreement for any clauses about rent increases.
• Check North Dakota’s landlord-tenant laws for compliance.

2. Communicate with Your Landlord in Writing

• Send a written letter or email to your landlord stating your concern.
• Include evidence (such as a copy of your lease or the notice you received) and request clarification or withdrawal of the increase if it’s not compliant.

Sample form you can use: Notice of Disputed Rent Increase
While North Dakota does not provide a standardized government form, you may use a letter that clearly states:

• Date you received the notice
• Why you believe the increase is unlawful
• Your desired resolution (e.g., continuation of rent at the old rate until proper notice is provided)

You can check with the North Dakota Attorney General's Landlord and Tenant Rights page for sample letters and contact info.^[2]

3. File a Complaint or Seek Mediation

• If informal negotiation doesn’t work, contact the North Dakota Attorney General’s Office – Consumer Protection Division to file a complaint.
• Complete the Consumer Complaint Form (PDF)^[3] and submit it by mail or online.

Practical Example: If you receive a rent increase with only 10 days' notice for your month-to-month rental, fill out the complaint form and attach both the notice and your lease as evidence for review.

4. Legal Action in District Court

• If no resolution is reached, you may file a claim in your county’s district court. This is often a last resort after trying other remedies.
• The official tribunal for such matters is North Dakota District Court.

Who Handles Rent Disputes?

While North Dakota does not have a specialized landlord-tenant board, issues of illegal rent increases are overseen by:

• The North Dakota Attorney General – Consumer Protection Division (for complaints and information)
• The North Dakota District Courts (for legal disputes)

What to Include in a Complaint

When submitting the Consumer Complaint Form, be sure to:

• Fill in your contact and landlord’s details
• Explain the situation, timeline, and attach all supporting documents
• Describe any attempts you’ve made to resolve the issue directly

The Attorney General’s office may help mediate the dispute or direct you toward appropriate action but cannot provide individual legal advice.

FAQ: Challenging Rent Increases in North Dakota

1. Are there state-wide rent control laws in North Dakota?
   No, North Dakota does not have rent control laws. Rent increases are allowed as long as proper notice is provided and other laws are not violated.
2. How much notice must a landlord give before raising the rent?
   For month-to-month tenancies, landlords must give at least 30 days’ written notice before the rent can go up.
3. What should I do if I receive a rent increase without notice?
   You should promptly notify your landlord in writing and, if not resolved, file a complaint with the Attorney General’s Consumer Protection Division.
4. Does the state provide official forms for disputing rent increases?
   North Dakota does not have a specific state form for disputing rent increases, but you can use the Consumer Complaint Form for official complaints.
5. Can I be evicted for refusing to pay an unlawful rent increase?
   Landlords cannot lawfully evict tenants for refusing to pay a rent increase that does not follow legal procedures, but disputes may have to be settled in court.

Conclusion: Key Takeaways

• North Dakota law requires at least 30 days' written notice for rent increases on month-to-month leases.
• Tenants have the right to challenge rent increases that are retaliatory, discriminatory, or do not follow required procedures.
• The Attorney General’s Office and District Courts provide complaint and resolution pathways for renters.

Understanding your legal protections helps you respond confidently to any rent hike notices.

Need Help? Resources for Renters

• North Dakota Attorney General: Landlord and Tenant Rights – State guide to tenant rights and sample notices.
• Consumer Protection Division Complaint Portal – File or check your complaint status.
• District Court Directory – Find your local court for legal action.
• Legal Services of North Dakota – Free or low-cost legal help for eligible tenants.

---

1. North Dakota Century Code, Title 47, Chapter 16: Landlord and Tenant
2. ND Attorney General - Landlord and Tenant Rights
3. ND Attorney General Consumer Complaint Form

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations