Can my landlord ban smoking in my apartment?

Yes. Landlords can prohibit smoking anywhere on the property if it's in your lease. You must follow all written lease rules about smoking.

What happens if I smoke in a non-smoking rental?

If you violate a no-smoking policy, your landlord may deduct cleaning costs from your security deposit or begin the eviction process for repeated violations.

Is there a state form to report a smoking policy complaint?

No. North Dakota does not have a specific form for reporting smoking complaints. Use written communication with your landlord first, then consider Small Claims Court for disputes.

How do I document smoking-related damage when I move in?

Use the Move-In/Move-Out Checklist. Clearly note any existing damage or odor and keep copies to avoid later conflicts about deposit deductions.

Where can I find official state rules for landlords and tenants?

Review the North Dakota Attorney General's Landlord and Tenant Guide and the Century Code Chapter 47-16 for current landlord–tenant laws.

North Dakota Rental Smoking Rules: What Renters Need to Know

Moving In: Inspections & Disclosures North Dakota published: June 21, 2025

Moving into a new rental in North Dakota? Understanding your rights and responsibilities around smoking in apartments and rental units is important. Smoking policies can affect your living conditions, deposit, and even your lease agreement. In North Dakota, state laws and individual lease terms both play important roles in setting these rules. This article breaks down what renters need to know, including disclosure requirements, policy enforcement, and where to turn for help.

Smoking Policies and Rental Agreements in North Dakota

North Dakota does not have a statewide law that outright bans or requires smoking in rental units. Instead, the rules are mainly decided by:

The lease or rental agreement you sign with your landlord
Local ordinances (often relevant in city-managed public housing or senior complexes)

Most landlords set their own smoking policies in the lease—these can include smoke-free buildings, only allowing smoking outside, or designating certain areas for tobacco use. Be sure to read your lease carefully to see if it says anything about smoking.

Required Disclosures for Renters

Under North Dakota Century Code Chapter 47-16, landlords must provide written notice of major lease terms. If smoking is prohibited or allowed only in specific areas, it should be specified in writing. There is currently no state-mandated form specifically for smoke-free disclosures, but any special rules about smoking must be made clear before you sign the lease.

Move-In Inspections and Smoking Damage

When moving in, North Dakota tenants and landlords can complete a move-in inspection to document the condition of the rental unit. This is important because:

Lingering smoke odors or stains from previous tenants could affect your comfort (and allergies)
If you smoke in a non-smoking rental, the landlord can deduct cleaning or deodorizing costs from your security deposit, if specified in the lease

If you notice evidence of prior smoking (smell, stains, etc.), make sure to document it on the inspection report to avoid disputes later.

Official Forms and How to Use Them

North Dakota Move-In/Move-Out Checklist
This form is often used by property managers and can be found directly on the North Dakota Attorney General's website (see Appendix).
Example use: When you move in, fill out the checklist with your landlord to note any existing smoking damage. Keep a signed copy for the end of your tenancy.

How Smoking Policies Are Enforced

If your rental agreement prohibits smoking and you break this policy, your landlord may:

Give you a written warning
Seek to charge you for cleaning costs (usually from your security deposit)
Issue a notice to quit or begin eviction proceedings if repeated violations occur

Landlords are also responsible for enforcing any local or federal smoking restrictions in public housing.

Tip: Always communicate concerns or complaints in writing and keep a copy. If you experience secondhand smoke or suspect your neighbor is violating a no-smoking policy, notify your landlord or property manager promptly.

Relevant Tribunal for Resolving Disputes

Disputes between renters and landlords in North Dakota are usually handled by the North Dakota State Courts, specifically through the Small Claims Court system for deposit-related issues or the District Court for eviction matters. There is no standalone tribunal or housing board. If you believe your security deposit was unfairly withheld due to smoking accusations, you can file a claim in Small Claims Court.

Legislation Governing Smoking Policies in Rentals

The main law regulating rental housing is the North Dakota Century Code Chapter 47-16 Landlord and Tenant¹. This statute outlines disclosure duties, rules around security deposits, and the handling of property damage—including smoke-related damages.

FAQ: Smoking Rules in North Dakota Rentals

Can my landlord ban smoking in my apartment?
Yes. Landlords can prohibit smoking anywhere on the property if it's in your lease. You must follow all written lease rules about smoking.
What happens if I smoke in a non-smoking rental?
If you violate a no-smoking policy, your landlord may deduct cleaning costs from your security deposit or begin the eviction process for repeated violations.
Is there a state form to report a smoking policy complaint?
No. North Dakota does not have a specific form for reporting smoking policy complaints. Use written communication with your landlord first, then consider filing in Small Claims Court if there's a dispute over damage or deposit deductions.
How do I document smoking-related damage when I move in?
Use the Move-In/Move-Out Checklist. Clearly note any existing damage or odor and keep copies to avoid later conflicts about deposit deductions.
Where can I find official state rules for landlords and tenants?
Review the North Dakota Attorney General's Landlord and Tenant Rights and Responsibilities Guide and the Century Code Chapter 47-16.

Key Takeaways on North Dakota Rental Smoking Rules

Landlords can set no-smoking policies in leases and must clearly disclose them
Always document the unit's condition at move-in to avoid deposit disputes
Deposit claims and disputes over smoking damage can be resolved in Small Claims Court

Being proactive and well-informed about your rental's smoking policy can help you avoid misunderstandings and protect your rights as a tenant.

Need Help? Resources for Renters

North Dakota Attorney General: Landlord and Tenant Rights – General guidance and official checklists
North Dakota Courts – For filing Small Claims or eviction disputes
U.S. HUD – North Dakota Rental Assistance