North Dakota Renters: Safe Drinking Water Rights & Standards

Access to safe drinking water is a basic right for renters in North Dakota. If you rent a home or apartment, your landlord is required to provide water that meets minimum safety and health standards. Understanding your rights and what to do if your drinking water is unsafe can help ensure your wellbeing and a safe rental environment.

Drinking Water Standards for North Dakota Rentals

Landlords must provide clean, safe, and potable water to every rented dwelling. This is considered part of the landlord’s responsibility to keep the rental habitable and in good repair.

• Water must be free from harmful contaminants, including bacteria and chemicals.
• If your rental uses a private well, landlords must ensure it is properly maintained and tested according to health department guidelines.
• Many rental properties rely on public water systems regulated under the Safe Drinking Water Act and enforced in North Dakota by the North Dakota Department of Environmental Quality Drinking Water Program.
• North Dakota’s landlord-tenant law also requires that landlords maintain "essential services," which includes potable water. This is covered under North Dakota Century Code Chapter 47-16 (Landlord and Tenant).¹

What Counts as Safe Drinking Water?

Safe drinking water must be:

• Clear and odorless
• Not contaminated by lead, bacteria, or any health-harming substances
• Regularly tested (especially if supplied by a well)

If you're unsure about your water quality, you can ask your landlord for recent water test results. For public water, ask for the Consumer Confidence Report (CCR) from your local system, or check public water quality records.

What To Do If Your Rental’s Drinking Water Is Unsafe

If your tap water looks, smells, or tastes unusual, or if you believe it may be contaminated, here’s what you should do:

• Notify your landlord in writing as soon as possible. Clearly describe your concern and ask for immediate testing and repairs.
• If the issue isn't fixed quickly, you have the right to file a formal complaint with the North Dakota Department of Environmental Quality Drinking Water Program.
• For recurring habitability concerns (like no usable water), you may also contact the North Dakota Attorney General’s Consumer Protection and Landlord-Tenant Division.

Helpful Forms for Renters

• Tenant Complaint Form (North Dakota Department of Environmental Quality)
  Use when: Your tap water is unsafe and your landlord has not resolved the issue after notification.
  How: Fill out the form describing your water issue and actions taken, then submit to the Department.
  Download the Tenant Complaint Form (PDF)
• Landlord-Tenant Complaint Form (Attorney General’s Office)
  Use when: You have a broad issue with your landlord, including failure to supply safe water.
  How: Complete, print, and mail or submit online. Describe your water concern and attach supporting evidence.
  Download Consumer Landlord-Tenant Complaint Form

These forms help state officials investigate and support your rights as a renter. Always keep copies of all communications and test results.

Relevant Tribunal or Board for Rental Disputes

In North Dakota, the state Attorney General’s Office Consumer Protection & Landlord-Tenant Division oversees and mediates disputes involving rental habitability, including water quality. Legal actions go through the civil division of your local District Court, but most complaints are first handled by the state’s Consumer Protection Division.²

FAQ: Safe Drinking Water Rights for ND Renters

1. Who is responsible for providing safe drinking water in my North Dakota rental? – Landlords must provide safe, potable water and are responsible for fixing issues with both public water connections and private wells.
2. What should I do first if my water is unsafe? – Promptly notify your landlord in writing. If there’s no fix within a reasonable time, file a complaint using the state Tenant Complaint Form.
3. Can I withhold rent if I don't have safe potable water? – Under North Dakota law, you may have rights to repair and deduct only after following proper procedures. Always consult official landlord-tenant guidance or seek legal help first.
4. How do I request water testing from my landlord? – Put your request in writing, describe your concerns, and ask for the latest test results. Keep a copy of your request for records.
5. Is my landlord required to test water from a private well regularly? – Yes. Well water must be tested following health department guidelines to ensure it’s safe for drinking and cooking.

Key Takeaways for Renters

• Landlords must provide safe, potable water in North Dakota rental homes.
• If you suspect an issue, notify your landlord in writing and use state forms to escalate if needed.
• The Attorney General’s Office and DEQ can help protect and enforce your renter rights regarding safe drinking water.

Need Help? Resources for Renters

• North Dakota Department of Environmental Quality – Drinking Water Program: Guidance, complaint forms, and water safety info.
• ND Attorney General – Landlord/Tenant Rights: Dispute resolution and complaint forms.
• Find Your Local District Court for legal action if needed.
• Tenant Public Drinking Water Complaint Form

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1. North Dakota Century Code Chapter 47-16 Landlord and Tenant Law
2. Attorney General’s Office - Consumer Protection Landlord/Tenant Rights

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