Deadlines to File a Lawsuit Against Your Landlord in North Dakota

If you're a tenant in North Dakota and experiencing issues with your landlord—such as unreturned security deposits, property damage, or wrongful eviction—it's important to act within the legal timeframe allowed. Each type of rental dispute has its own "statute of limitations," meaning you only have a limited window to pursue legal action. Understanding these limits helps ensure your right to seek justice isn't lost simply because time runs out.

Understanding Statute of Limitations for North Dakota Renters

The term statute of limitations refers to the deadline for starting a lawsuit. If you miss this deadline, courts usually will not hear your case. In North Dakota, the legal timeframes depend on the issue:

• Security deposit disputes (if your landlord fails to return your deposit): Typically, 6 years from when the deposit should have been returned.
• Breach of rental agreement: Often, 6 years from the date the violation occurred.
• Property damage or injury: 6 years for property claims, 2 years for injury claims.
• Unlawful eviction or housing discrimination: May be shorter; consult the North Dakota Department of Labor and Human Rights or local courts for specifics.

It's best to act quickly after a problem arises. Deadlines can be confusing, especially if you're unsure when the clock starts. Always keep a copy of your rental agreement and any written communication with your landlord.

Which Authority Handles Rental Disputes in North Dakota?

North Dakota does not have a dedicated landlord-tenant tribunal. Most disputes are handled through your local District Court. Small claims courts offer an accessible route for claims up to $15,000.

Key Tenancy Law in North Dakota

The main body of law governing rental relationships is the North Dakota Century Code Chapter 47-16 - Landlord and Tenant¹. This covers security deposits, notice requirements, repairs, and more.

How to Start a Lawsuit Against a Landlord in North Dakota

Most disputes begin in either small claims court or district court. Here’s a general overview:

• Gather all evidence—lease documents, emails, notices, and photos.
• Attempt to resolve the dispute directly with your landlord first.
• If unresolved, consider mediation or legal aid services for advice.
• File the correct official form with the appropriate court.

Official Forms: Small Claims Action

• Form Name: Affidavit/Order for Small Claims Court
  Form Number: North Dakota "Small Claims Action" Packet
  When & How Used: Use this packet to sue your landlord for money (like unreturned deposits or damages) up to $15,000. Attach all supporting evidence.
  Small Claims Court Forms (ND Courts)
  Example: A renter sues for a security deposit not returned within 30 days of moving out.

Action Steps for Renters

• Review your lease and document your issue in writing.
• Find the courthouse in your county using the court locator.
• Complete and file the "Affidavit/Order for Small Claims Court" form.
• Serve the landlord a copy as instructed by the court clerk.
• Attend your court date with all evidence, receipts, and records.

FAQ

1. How long do I have to sue my landlord for not returning my security deposit in North Dakota?
   The statute of limitations is typically 6 years from when the deposit should have been returned, but acting quickly is always best.
2. What happens if I file my lawsuit after the statute of limitations?
   The court will likely dismiss your case, and you will lose your ability to recover damages.
3. Can I use small claims court in North Dakota for rental disputes?
   Yes. Claims for up to $15,000 (like security deposit or property damage disputes) are usually handled in small claims court.
4. Is there an official state board for renters' complaints in North Dakota?
   No tribunal exists, but you can file housing discrimination complaints with the North Dakota Department of Labor and Human Rights.
5. Which law protects renters in North Dakota?
   The North Dakota Century Code Chapter 47-16 governs landlord-tenant relationships.

Key Takeaways for North Dakota Renters

• There are strict time limits to start a lawsuit—generally 6 years for most disputes.
• Use official court forms and act quickly to avoid missing deadlines.
• All rental disputes in North Dakota are handled by the District Court system, not a state tribunal.

Knowing your legal deadlines is the first step toward resolving rental issues with confidence.

Need Help? Resources for Renters

• North Dakota Small Claims Court Legal Self-Help: Official forms and instructions for starting a case.
• Find Your Local District Court: Directory for courthouse contacts.
• North Dakota Century Code, Landlord-Tenant Law (Chapter 47-16): The main legislation protecting tenant rights.
• North Dakota Department of Labor and Human Rights: Assistance with housing discrimination complaints.
• Legal Services of North Dakota: Free or low-cost legal help for eligible renters.

---

1. North Dakota Century Code Chapter 47-16 - Landlord and Tenant
2. ND Courts: Small Claims Self-Help Center
3. ND Department of Labor and Human Rights: Housing Complaints

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