North Dakota Rental Housing Health Codes: A Renters' Guide
Safe and healthy housing is a basic right for all North Dakota renters. This article explains the minimum housing health codes your landlord must follow, the legal protections you have, and what steps to take if standards aren't met. Knowing North Dakota's rental health requirements empowers you to request repairs and take action, ensuring your home is safe and habitable.
What Health & Safety Standards Must North Dakota Rentals Meet?
North Dakota law requires all rental properties to meet certain minimum health and safety standards. Landlords have a legal duty to make sure your home is “fit for human habitation"—meaning it's safe, clean, and free from significant hazards. The main legal standards come from the North Dakota Century Code, Chapter 47-16 (Landlord and Tenant Law).[1]
- Working plumbing, heating, and (where provided) electrical systems
- Safe water supply and sanitation facilities (toilets, sinks, etc.)
- Freedom from significant leaks, dangerous drafts, and toxic mold
- Safe and secure doors and windows
- Proper trash removal and pest control
- Structural integrity: No dangerous steps, floors, or ceilings
If a rental unit develops unsafe or unhealthy conditions through no fault of your own, your landlord is generally responsible for repairs. Local cities, such as Fargo and Bismarck, may have additional housing codes. It's a good idea to check with your city’s code enforcement office for extra requirements.
Who enforces rental housing health codes in North Dakota?
While North Dakota does not have a statewide landlord-tenant tribunal, health and safety complaints are typically handled by your local city or county Building or Housing Code Enforcement Office. Some cities may refer you to the North Dakota Department of Health for certain hazards (like mold or water safety).
For legal disputes about tenancy—such as habitability or code violations—the formal forum is your local District Court. Information about the court system can be found at the North Dakota Courts portal.[2]
Your Rights Under North Dakota Landlord-Tenant Law
The North Dakota Century Code § 47-16 outlines key renter protections. These include:
- The right to request repairs in writing for any hazardous or unfit conditions
- The right to withhold rent under limited circumstances (after proper legal notice—see forms below)
- Protection from being evicted in retaliation for making a health/safety complaint
Tip: Keep copies of all communications with your landlord about repair requests, and any photos or evidence of health problems. These may be crucial if the issue ends up in court.
Official Forms for North Dakota Renters
While North Dakota doesn’t have state-specific forms for all situations, the following are commonly used when dealing with rental health and safety issues:
- Repair Request Letter: While not an official state form, a written request is required. Use this to notify your landlord by mail or email, stating the issues and asking for a repair date.
Example: If your heater fails in winter, send a letter describing the problem and asking for prompt repair, then keep a copy for your records. - Notice of Intent to Withhold Rent: If your landlord fails to fix a major health hazard after written notice, North Dakota law (§ 47-16-13) allows you to give a notice of intent to withhold rent. Draft a letter, provide details of the issue, your prior request, and your intent.
Refer to: ND Century Code § 47-16-13 for specifics.[1] - Court Complaint Form (for habitability/disrepair claims): If communication fails, you may need to file a claim in District Court. The general Small Claims Civil Complaint form is available through the ND Courts Small Claims help page.
Example: If a major plumbing issue isn’t fixed after notice and rent withholding, you could file this form to claim damages.
How to File a Health or Maintenance Complaint
Taking action is simple, but having a record is important. Here’s a brief summary of steps:
- Document health/safety problems with photos, lists, and dates
- Send a written repair request to your landlord
- If no action is taken, report the problem to your city code enforcement office (find city offices on your city government website)
- If hazardous conditions continue, consider contacting legal aid or filing a complaint in District Court
Always give your landlord a reasonable time to fix the problem, unless it’s an emergency. Written requests and follow-ups protect your rights.
FAQ: North Dakota Rental Health Code and Housing
- What should I do if my landlord ignores my repair request?
Send a written follow-up, keep records, and contact your local code enforcement. If repairs aren’t made, you may consider withholding rent (after legal notice) or filing a claim in District Court. - Can I withhold rent if my rental is unsafe?
North Dakota law lets renters withhold rent in specific cases, but only after providing proper written notice about the unresolved hazard. Always document your communication and follow statute procedures. - Which agency handles health code complaints in North Dakota?
Most complaints start with your local City Code Enforcement Office or County Public Health. For disputes or damages, District Court is the official forum. - What health codes does my landlord have to follow?
Basic requirements include working utilities, safe structures, sanitation, and protection from hazards. Some cities add extra local codes. - How do I file a complaint about unhealthy rental conditions?
Gather evidence, request repairs in writing, and if needed report to code enforcement or file a claim in District Court. See step-by-step below.
Conclusion: What Every North Dakota Renter Should Remember
- Your landlord must maintain a healthy and safe home under state law.
- Document issues and use written requests for all repair communications.
- If needed, file complaints locally or take legal action through District Court.
Knowing your rights and local procedures helps you resolve health and safety issues quickly and fairly.
Need Help? Resources for Renters
- North Dakota Century Code: Landlord and Tenant Law – Full text of state rental laws
- North Dakota Courts – For small claims, tenancy disputes
- North Dakota City & County Directory – For local code enforcement
- Legal Services of North Dakota – Free and low-cost legal help for renters
- North Dakota Department of Health – For health-related housing questions
Categories
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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