Demanding Move-In Repairs in North Dakota: A Renter's Guide

Moving into a new rental in North Dakota should be a positive experience. As a renter, you have the right to expect that your home is safe, healthy, and complies with all state habitability standards before you move in. This guide explains how you can demand repairs from your landlord before your move-in date, what forms to use, your legal rights, and where to get help if issues remain unresolved.

Understanding Move-In Conditions and Your Rights as a Renter

North Dakota law requires that all rental units be fit and habitable at the start of your tenancy. Landlords must maintain the property so it's safe, clean, and in good repair. Common pre-move-in issues include broken appliances, leaks, mold, or missing locks. If your new home isn't in the agreed-upon condition when you inspect it, you have the right to request repairs or maintenance before moving in.

• Fit for Habitation: The property must meet basic health and safety standards.
• Pre-Move-In Inspection: While not required by law, it's best practice to document the unit’s condition before moving in.
• Disclosure Requirements: Landlords must disclose known lead-based paint hazards (for homes built before 1978) and check for compliance with local codes.

These requirements are set under the North Dakota Century Code Chapter 47-16: Landlord and Tenant.^[1]

How to Request Repairs Before Move-In

If you notice any issues with the property during your walk-through or before receiving the keys, here’s how to formally request repairs from your landlord:

1. Conduct a Thorough Inspection

• Carefully inspect every room for safety, cleanliness, and working fixtures.
• Take clear photos and make notes of any damages or maintenance issues.

2. Use the North Dakota Move-In/Move-Out Checklist

This checklist helps you record the condition of the rental and serves as evidence if disputes arise later. It is not mandatory statewide, but some landlords and housing agencies require one. If your landlord doesn’t provide a checklist, you may use your own.

• Form Name: Move-In/Move-Out Checklist
• When to Use: At move-in and move-out to document the rental unit’s condition.
• Example: Before moving in, note down a broken window and request repair using this checklist as documentation.

3. Submit a Written Repair Request

• Draft a clear, dated letter or email listing all issues needing attention.
• Attach the checklist and relevant photos if possible.
• Keep a copy for your records.

In your written request, ask for a timeline for repairs, and state that you would like the repairs addressed before your planned move-in date. This establishes a formal record of your communication.

4. Know What to Expect from Your Landlord

North Dakota law (Century Code Section 47-16-13.1) states the landlord is required to "make all repairs and do whatever is necessary to keep the premises in a fit and habitable condition." If repairs are not made, you may have the right to:

• Delay your move-in until repairs are completed
• Negotiate rent reductions or compensation
• Withdraw from the rental agreement (if severe violations are not addressed)

Official Tribunal and Complaint Options

North Dakota does not have a dedicated residential tenancy tribunal. Disputes are generally handled by the North Dakota Courts. If you cannot resolve the issue directly with your landlord, you may file a civil claim in Small Claims Court. For fair housing violations or serious health hazards, contact the North Dakota Department of Labor and Human Rights.

Relevant North Dakota Tenancy Legislation

• North Dakota Century Code Chapter 47-16: Landlord and Tenant
• EPA Lead-Based Paint Disclosure Requirements

This legislation outlines your rights and your landlord's responsibilities regarding repairs and habitability.

FAQ: Pre-Move-In Repairs in North Dakota

1. Can I refuse to move in if the apartment isn't ready or repaired?
   If the rental is not safe, healthy, or does not meet agreed move-in standards, you may have the right to delay your move-in or cancel your lease under North Dakota law.
2. What if my landlord ignores my repair request before move-in?
   Document your request and allow a reasonable period for response. If issues are not resolved, you may contact the North Dakota Courts or the Department of Labor and Human Rights for further action.
3. Is the move-in checklist required by North Dakota law?
   No, it is not mandatory by state law, but using one is highly recommended to document the property’s condition and avoid disputes.
4. What should be included in a repair request letter?
   List all needed repairs, include the desired timeline, attach any inspection checklist or photos, and keep a copy for your records.
5. Who handles rental disputes in North Dakota?
   There is no tenancy tribunal; rental disputes are generally handled in Small Claims Court or by the North Dakota Department of Labor and Human Rights for certain issues.

Key Takeaways for North Dakota Renters

• Always document the property’s condition before moving in using a checklist and photos
• Submit repair requests in writing and save all correspondence
• If repairs are not made, know your options: delay move-in, negotiate, withdraw, or seek legal help

Act quickly and keep records to protect your rights as a renter when dealing with move-in repairs.

Need Help? Resources for Renters in North Dakota

• North Dakota Courts - Landlord and Tenant Self-Help
• North Dakota Department of Labor and Human Rights (handles fair housing and discrimination claims)
• North Dakota Attorney General - Tenants & Landlords
• HUD: Renting in North Dakota

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1. North Dakota Century Code Chapter 47-16: Landlord and Tenant – legislation text
2. Move-In/Move-Out Checklist – official form (ND Attorney General)
3. North Dakota Courts – official tribunal
4. EPA Lead-Based Paint Disclosure – federal requirements

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