North Dakota Roommate Laws: Occupancy & Overcrowding Explained

Renting in North Dakota, especially in shared housing, often raises important questions about how many people can legally live in a unit. Understanding occupancy limits and overcrowding laws is essential for roommates, subtenants, and renters to maintain a safe, lawful, and comfortable living environment in the Peace Garden State.

Understanding Occupancy Limits in North Dakota Rentals

Occupancy limits refer to the maximum number of individuals legally allowed to reside in a rental unit. These limits help ensure the safety of residents by preventing overcrowding, fire hazards, and strain on building infrastructure.

How Are Occupancy Limits Set?

In North Dakota, there is no single statewide law specifying exact occupancy limits for rental units. Instead, regulations are governed by:

• Local city and county housing codes
• Health and safety ordinances
• Provisions in your lease agreement

Many municipalities in North Dakota use guidelines based on the International Property Maintenance Code (IPMC), which recommends allowing no more than two people per bedroom, plus one additional person per household.^[1] Always check with your city’s building or housing department for specific rules in your community.

Common Examples

• If you rent a two-bedroom apartment in Fargo, city code may restrict occupancy to five persons (two per bedroom, plus one).
• A lease agreement might state a specific limit as agreed upon by the landlord and tenants.

Why Occupancy Limits Matter

Occupancy limits protect renters by reducing health and safety risks associated with overcrowding. Violating these limits can result in:

• Fines for the landlord and/or tenants
• Termination of your lease (eviction)
• Difficulty renewing future leases

Overcrowding Laws and Health Codes

Many North Dakota cities and counties have codes addressing overcrowding. For example, local health departments may require a minimum amount of square footage per person and specific sleeping arrangements. Exceeding these limits could be considered a violation and may prompt an inspection or enforcement action.

What Constitutes Overcrowding?

• More residents than allowed by your lease or local code
• Bedrooms used for sleeping by more than two people (unless otherwise allowed)
• Sleeping in areas not intended as bedrooms (e.g., living rooms)

Roommates, Subletting, and Adding Occupants

If you wish to add a roommate or sublet part of your rental in North Dakota, you typically must:

• Get your landlord’s written permission (unless your lease says otherwise)
• Ensure total occupants remain within legal limits
• Submit the proper documentation or forms to your landlord or property manager

There is no specific state form for roommates or subletting in North Dakota, but landlords often require a rental application or written notice. Use your lease as your primary guide, or contact your landlord for their approved process.

Action Steps for Renters Facing Overcrowding Issues

Here is what to do if you're worried your unit may be overcrowded, or if you suspect your landlord is unfairly imposing stricter limits:

• Review your lease agreement and any local housing codes.
• Contact your city’s building or health department to check occupancy rules (e.g., Fargo Inspections Department).
• Communicate with your landlord in writing for any concerns or requests.
• If an issue arises, you may submit a tenant complaint to your local code enforcement office.
• If you face eviction over alleged overcrowding, seek help from North Dakota’s legal aid or contact the North Dakota District Court for tenant resources.

Relevant Forms and Where to Find Them

• Tenant Complaint Form (Local): Cities like Fargo and Bismarck have local tenant complaint or code enforcement forms. Example: Fargo Code Enforcement Complaint Form. Use this to report suspected overcrowding, unsafe conditions, or code violations.
• Eviction Summons and Complaint (Form ID: ND-SC-01): If you're served with an eviction notice, you will receive this official court document. Learn about filing an answer at the North Dakota Courts Landlord Tenant Self-Help portal.

When using any form, read all instructions carefully and submit all required paperwork to the appropriate local office or court.

Relevant North Dakota Laws and the Official Tribunal

North Dakota does not have a residential tenancies board, but landlord-tenant matters such as evictions and disputes are handled by the North Dakota District Court. The main applicable law is the North Dakota Century Code Chapter 47-16 (Landlord and Tenant).^[2]

1. What happens if I exceed occupancy limits in my North Dakota apartment? You or your landlord could face fines, a code violation, or even eviction if your home is found to be overcrowded according to local laws or your lease agreement.
2. How many people can share a bedroom in North Dakota? Most cities follow the guideline of no more than two people per bedroom, but always check your local housing code and lease agreement for exact limits.
3. Can my landlord change occupancy limits after I sign the lease? Usually, a landlord cannot change occupancy limits mid-lease unless local ordinances change or both parties agree to modify the lease terms in writing.
4. What should I do if my landlord claims my unit is overcrowded? Review your lease and local city codes, communicate in writing, and seek advice from local housing officials or legal aid if needed.
5. Where do I go for disputes about overcrowding or eviction in North Dakota? Residential disputes are addressed by the North Dakota District Court. Self-help resources and filing information are available on the North Dakota Courts Landlord Tenant page.

Key Takeaways for North Dakota Renters

• Occupancy and overcrowding rules are set by your local housing code and your lease.
• Check with your city’s building or health department for up-to-date occupancy regulations.
• Contact the North Dakota Courts or local legal aid with any overcrowding or eviction disputes.

Need Help? Resources for Renters

• North Dakota Courts Landlord Tenant Self-Help (official eviction, complaint, and forms guidance)
• Legal Services of North Dakota (free legal help for eligible renters)
• North Dakota Department of Human Services Housing Assistance
• Contact your local city or county inspections/code enforcement office for occupancy questions (e.g., Fargo Inspections Department).

---

1. For more on local IPMC-based occupancy enforcement, see your city code or International Property Maintenance Code.
2. Read North Dakota Century Code Chapter 47-16 (Landlord and Tenant) for the full legal framework for rental agreements and tenant rights.

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations