How North Dakota Renters Can Use Small Claims Court

As a renter in North Dakota, disagreements with your landlord—such as unpaid security deposits, repairs, or property damages—can feel overwhelming. When communication fails, small claims court offers a structured, affordable way for you to seek resolution. This guide explains, in simple terms, how North Dakota renters can file a claim, what forms to use, and your legal protections under North Dakota landlord-tenant law.

Understanding Small Claims Court in North Dakota

Small claims court provides an accessible court process for disputes involving relatively small amounts of money—up to $15,000 in North Dakota. Most renters use it to recover security deposits, get reimbursed for unaddressed repairs, or challenge minor damages. The process is designed to be straightforward and usually does not require a lawyer.

Who Handles Residential Tenancy Disputes?

In North Dakota, small claims court cases are managed by the North Dakota District Courts, which administer small claims divisions throughout the state. These courts handle disputes under the North Dakota Century Code, Title 47: Property.^[1]

When Should Renters Use Small Claims Court?

Any of the following situations may justify taking your dispute to small claims court:

• Your landlord refuses to return your security deposit within 30 days of move-out (as required by law)
• You have paid for urgent repairs that your landlord failed to address
• Your landlord owes you money based on a written agreement
• Damage claims involving less than $15,000

For larger or complex claims, or eviction matters, regular civil court might be needed. Small claims is not for eviction actions in North Dakota.

Steps for Filing a Small Claims Court Case

Bringing a case as a renter involves a few important steps. Here’s a simple overview, with more details in each step below.

Step 1: Prepare Your Documentation

• Lease agreements
• Photos/videos (e.g., move-out condition)
• Repair receipts, texts, or emails with the landlord
• Notices or correspondence related to your dispute

Having thorough documentation increases your chance of success.

Step 2: Complete the Required Form

• Form Name: Affidavit and Order for Small Claims Court (SFN 52829)
• When to Use: When you are formally starting your small claims case. List the facts and amounts claimed from your landlord.
  Example: After waiting for your deposit refund and not receiving it, you fill this form out to claim the unpaid amount.
• Where to Get It: Download from the North Dakota Courts small claims information page.

Step 3: File Your Claim

• Submit the completed Affidavit and pay the filing fee at the District Court in the county where your rental property is located.
• Contact court staff if you need help; some courts offer self-help centers or forms clinics.

Step 4: Serve the Landlord

• After filing, you must “serve” (officially deliver) the documents to your landlord, usually via certified mail or sheriff’s office. Instructions are included with the Affidavit or available on the Small Claims Court Self-Help page.

Step 5: Attend the Court Hearing

• Both sides present their evidence and statements. Bring your documentation and, if possible, witnesses.
• The judge or judicial referee will decide, usually on the same day.

Key Official Forms for North Dakota Renters

• Affidavit and Order for Small Claims Court (SFN 52829)
  
  • Purpose: Starts your case, explains your claim
  • How to Use: Fill out and file with the court
  • Download here: North Dakota Small Claims Affidavit (PDF)
• Request for Continuance or Transfer
  
  • Purpose: Asks to postpone or move your hearing
  • Example: If you’re unavailable for the scheduled date, you can use this type of request. Forms are provided by your specific District Court.
  • More info: See the North Dakota Small Claims Court Self-Help Guide

Be sure to check all instructions on each form and court website for updates.

Tips for Success and Renter Rights

Small claims court is designed for self-representation, but preparation is key. Familiarize yourself with your rights—especially regarding security deposits and repairs—under the North Dakota landlord-tenant statute.^[2] This law explains your rights to a habitable home, proper notice, and prompt return of deposits.

Frequently Asked Questions (FAQ)

1. What is the maximum amount I can claim as a renter in North Dakota small claims court?
   The limit is $15,000 per claim. If your claim is higher, you must use regular civil court.
2. Can I use small claims court to dispute an eviction?
   No. Evictions in North Dakota are handled in district court under separate processes. Small claims is mainly for monetary issues.
3. What if my landlord does not show up at the hearing?
   The court may decide in your favor by default, but you’ll still need to present your evidence clearly.
4. Do I need a lawyer to file in small claims court?
   No. Most renters handle their own small claims case, but you can consult legal aid if you wish.
5. How soon do I need to file after my problem occurs?
   North Dakota’s statute of limitations for most contract/dispute claims is 6 years, but file as soon as possible for the best chance of resolution.

Conclusion: Key Takeaways for North Dakota Renters

• Small claims court is an accessible option for recovering money or resolving disputes under $15,000.
• Use the correct forms and be prepared with evidence.
• Familiarize yourself with your rights under the North Dakota landlord-tenant law.

Taking legal action can feel daunting, but with the right information and preparation, you can advocate effectively for your rights as a renter.

Need Help? Resources for Renters

• North Dakota Courts: Small Claims Self-Help
• District Court Locations and Contacts
• Legal Services of North Dakota – Free and low-cost assistance for eligible renters
• North Dakota Landlord-Tenant Law (Century Code Title 47)

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1. North Dakota District Courts: District Court Locations and Small Claims Info
2. North Dakota Century Code Title 47, Chapter 47-16: Landlord and Tenant Law

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