North Dakota Rental Utility Laws: Who Pays for Utilities?

Understanding who pays for utilities in North Dakota rentals is essential for renters to avoid confusion or surprise bills. In North Dakota, utility payments can be a common source of misunderstandings between landlords and tenants, but state law and your lease agreement provide clear guidance on responsibilities. This article breaks down the rules, requirements, and available resources for North Dakota renters.

How Utility Responsibility Is Determined in North Dakota Rentals

In North Dakota, the responsibility for utility bills—such as electricity, water, gas, sewer, and trash—is largely determined by what’s specified in your written rental agreement. If your lease is silent on utilities, the law has some default provisions.

• Lease Agreement: Most leases outline who pays each utility. Read your agreement carefully for these terms.
• Oral Rental Agreements: When there’s no written lease, the responsibility is usually what the parties have agreed to, but it can be disputed if unclear.
• Default Rule: If not specified, North Dakota law generally expects tenants to pay for utilities they control—such as those with a separate meter in your name. Landlords normally pay for utilities that remain in their name.

Key Laws on Rental Utilities in North Dakota

North Dakota’s rental housing rules are set out in the North Dakota Century Code Chapter 47-16 Residential Landlord and Tenant Act^[1]. It’s important to know:

• A landlord may only charge you for utilities if the lease allows it.
• Landlords may not shut off utilities as a form of eviction or charge unreasonable amounts above provider rates.
• If you pay utilities but the landlord controls the main service, you must receive a clear breakdown or bill.

What Happens If Utilities Are Not Paid?

If a utility bill is not paid, the provider may shut off service, even if the utility is in the landlord’s name, unless your agreement states otherwise. Nonpayment can also be grounds for lease termination if it violates your rental agreement.

Can a Landlord Shut Off Utilities?

Under North Dakota law, it’s illegal for a landlord to shut off utilities to force a tenant out or to collect unpaid rent (NDCC Section 47-16-13.2). If a landlord illegally interferes with your utilities, you may be able to recover damages and file a complaint.

For your protection, always request receipts or written confirmation for any utility agreement or payment involving your landlord.

Official Forms for Utility Complaints and Disputes

• Residential Rental Complaint Form (No official number): Use this form to file a complaint with the North Dakota Attorney General's Consumer Protection and Landlord-Tenant Unit about disputes involving utilities, illegal shutoffs, or billing concerns. Download the form and submit it as instructed to open an investigation.
  Residential Rental Complaint Form (PDF)

How to Take Action if You Have a Utility Dispute

• First, try to resolve the issue directly with your landlord in writing.
• If there is no solution, complete the Residential Rental Complaint Form.
• Submit it to the Consumer Protection & Landlord-Tenant Unit at the North Dakota Attorney General’s Office.
• Keep records of all correspondence and bills.

Contacting North Dakota’s Residential Tenancy Tribunal or Board

North Dakota does not have a separate landlord-tenant tribunal, but disputes are handled by the Consumer Protection & Landlord-Tenant Unit at the North Dakota Attorney General's Office and, if necessary, in state civil court. You can learn more about your rights from the official tenant rights page.

FAQ: Utility Bills and Renters’ Rights in North Dakota

1. Can a landlord require me to pay utilities that aren’t in my name?
   Usually, you only pay for utilities that you use and control. If the bill stays in the landlord’s name, your obligation depends on what the lease says.
2. What if my landlord shuts off my water, heat, or power?
   This is illegal under North Dakota law, even if you are behind on rent. You can file a complaint with the Attorney General’s Consumer Protection & Landlord-Tenant Unit.
3. Are landlords allowed to make a profit by charging extra for utilities?
   Landlords may not charge tenants more than what the utility company charges them without prior agreement in the lease.
4. What happens if a utility company threatens shutoff due to the landlord’s nonpayment?
   If you are not responsible for the bill under your lease, contact the landlord and the utility company immediately. You can also seek help from the Attorney General’s Office.
5. How can I make sure I know what utilities I am responsible for?
   Always review your rental agreement before signing and keep a copy for your records.

Conclusion: Key Takeaways for North Dakota Renters

• Your lease agreement should clearly explain who pays for each utility – when in doubt, ask for clarification in writing.
• Landlords must not disconnect utilities to force you out or overcharge for them.
• If you have a dispute, North Dakota provides government-supported complaint forms and assistance.

Need Help? Resources for Renters

• North Dakota Attorney General’s Consumer Protection & Landlord-Tenant Unit: Official hub for complaints, forms, and detailed renting guidance.
• North Dakota Housing Resources: Housing programs and renter assistance listings.
• North Dakota Century Code Chapter 47-16 Residential Landlord and Tenant Act: View the full law for all renting and utility provisions.

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1. North Dakota Century Code Chapter 47-16 Residential Landlord and Tenant Act

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