Essential North Dakota Building Codes for Renters

If you’re renting a home or apartment in North Dakota, knowing the local building codes is essential for protecting your safety and comfort. Understanding these regulations helps you ensure that your landlord provides a safe, habitable living space—and if something goes wrong, you’ll know exactly what to expect and how to take action.

Understanding Habitability and Building Codes in North Dakota

In North Dakota, renters are protected by state laws that require landlords to maintain rental properties in compliance with building, health, and safety codes. These rules—sometimes called "habitability laws"—are designed to make sure basic living conditions are met, covering plumbing, heating, electrical systems, pest control, and more. Most of these requirements come from North Dakota Century Code Chapter 47-16-13.1: Landlord Duties.^[1]

Key Building Code Requirements for Renters

The most important building code standards every North Dakota renter should be aware of include:

• Safe Heating: Your home must have safe, functional heating able to maintain a comfortable temperature during North Dakota’s cold winters.
• Plumbing & Water: You must have working plumbing, hot and cold running water, and a properly connected sewage disposal system.
• Electrical Safety: Electrical wiring, outlets, and lights must be installed and maintained safely to prevent fire or shock risks.
• Pest Control: Rentals must be free from infestation by insects or rodents.
• Structural Integrity: Doors, windows, floors, walls, and ceilings must be structurally sound and offer reasonable protection from the elements.
• Smoke Detectors: Most rental units are required by law to have working smoke detectors.

The North Dakota Department of Labor and Human Rights provides more information on minimum habitability standards for residential renters.

Who Enforces Building Codes and Tenant Rights?

Enforcement of building and housing codes in North Dakota usually takes place at the city or county level. Local building departments or health boards investigate violations. Renters can also rely on the state’s main landlord-tenant authority:

• Tribunal/Board: North Dakota Department of Labor and Human Rights

This department educates tenants and landlords, investigates tenant complaints, and enforces certain legal requirements.

Common Building Code Complaints

Some of the typical issues North Dakota renters report include:

• Lack of heat in winter months
• Persistent plumbing leaks
• Faulty or unsafe wiring
• Mold, mildew, or unaddressed pest infestations

Relevant Forms for North Dakota Renters

• Landlord-Tenant Complaint Form: Use this form if your landlord fails to address serious building code or habitability issues after you've made a written request.
  
  • When to use it: Submit if basic repairs are ignored or unreasonably delayed—such as no heat during winter, persistent plumbing leaks, or mold.
  • How to use: Fill out the details of your complaint (dates, issues, previous requests made) and send it to the North Dakota Department of Labor and Human Rights. Find the official Landlord-Tenant Complaint Form (no number assigned).
• Repair Request (Written Notice): While there isn’t a state-issued form, the law requires written notice to your landlord for any essential repair.
  
  • When to use it: For any repair, inform your landlord in writing before filing further complaints. Keep a copy for your records.
  • How to use: Write a clear letter or email describing the issue, date of request, and your expectations. If there’s no response in a reasonable time, move on to file official complaints.

Notifying your landlord in writing is the key first step before seeking help from local or state authorities.

How to File a Complaint About Unsafe Conditions

If you experience a habitability or code issue and your landlord doesn’t act after a written request, you can escalate:

• Contact your city or county health department or building inspector for immediate hazards.
• File a Landlord-Tenant Complaint with the Department of Labor and Human Rights.

Include photos, copies of written requests, and any communication records with your landlord for a smoother process.

FAQ: North Dakota Building Codes and Renter Rights

1. What is my landlord required to fix by law in North Dakota?
   Your landlord must keep your rental safe and up to code, including heat, plumbing, electricity, and a structurally safe living environment. All repairs must keep the property habitable and up to state and local code standards.
2. What should I do if my landlord won’t fix something important?
   Document the problem in writing, send it to your landlord, and keep a copy. If repairs are not made in a reasonable time, file a complaint using the official Landlord-Tenant Complaint Form with the North Dakota Department of Labor and Human Rights.
3. Can I withhold rent if my landlord breaks building codes?
   No, North Dakota law does not allow renters to automatically withhold rent. Instead, follow the official complaint and repair process to stay legally protected.
4. Are smoke detectors legally required in rental units?
   Yes, almost every rental must have working smoke detectors installed and maintained according to local building and fire codes.
5. What if my issue is an emergency?
   If there’s a life-threatening hazard (like a gas leak or fire risk), call emergency services first, then notify your landlord and local building authorities immediately.

Key Takeaways for North Dakota Renters

• North Dakota law requires landlords to maintain safe, habitable rentals that comply with all building codes.
• Always make repair requests in writing and keep detailed records.
• If a landlord doesn't respond, contact local authorities or file a formal complaint with the North Dakota Department of Labor and Human Rights.

Knowing your rights and the building codes helps ensure you have a safe and comfortable rental home.

Need Help? Resources for Renters

• North Dakota Department of Labor and Human Rights – Landlord/Tenant Rights: Main state agency for complaints, education, and resources.
• Landlord-Tenant Complaint Form: Submit habitability or building code complaints.
• North Dakota Department of Health: Local enforcement of public health and housing safety issues.
• Legal Services of North Dakota: Provides free legal advice for eligible renters with code or habitability disputes.

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1. North Dakota Century Code §47-16-13.1 – Landlord Duties
2. ND Department of Labor and Human Rights: Landlord/Tenant Rights
3. Landlord-Tenant Complaint Form
4. ND Department of Health
5. Legal Services of North Dakota

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