North Dakota Rules: Renter Rights for Left-Behind Property

When you move out of a rental in North Dakota, what happens if you accidentally leave some belongings behind? Understanding the rules about abandoned property is important to protect your rights and avoid disputes with your former landlord. This guide explains what the law says, what steps landlords must follow, and what you can do if your property is left behind after ending a lease.

Understanding "Abandonment" in North Dakota Rentals

In North Dakota, “abandonment” means leaving personal property behind in a rental unit after moving out or being evicted. It’s common for tenants to forget items during a hurried move, so the law provides a process for both renters and landlords. The main rules are set by Chapter 47-16 of the North Dakota Century Code – Landlord and Tenant.¹

When Is Property Considered "Abandoned"?

Property is usually considered abandoned if:

• You have physically moved out and returned the keys
• You are evicted by a court order, and the landlord regains possession
• The landlord reasonably believes you do not intend to return

Landlords cannot simply throw away items as soon as a tenant leaves. There are legal steps they must take first.

What Must Landlords Do With Left-Behind Property?

North Dakota law requires landlords to take reasonable care of abandoned property and follow a specific process before selling, keeping, or disposing of it:

• Notice: The landlord must provide written notice to your last known address (and any emergency contact, if provided). The notice should describe the items and give at least 28 days for you to claim your belongings and pay any costs for removal or storage.¹
• Storage: The landlord must keep the property in a safe place during the notice period. They can charge you reasonable storage fees, but only after providing an opportunity to collect your things.
• Disposal or Sale: If you do not claim the items within the notice period, the landlord may sell the property at public auction or dispose of items that have little value. Proceeds from a sale, after storage and sale costs are deducted, must be paid to you if you can be located.¹

What If You Want Your Property Back?

If you realize you left something behind, contact your former landlord quickly. You have the right to reclaim your belongings within the notice period by paying any reasonable storage or removal costs. Keep a record of all communications in writing, if possible.

Filing a Complaint or Dispute

If your landlord does not properly notify you, or disposes of your belongings before the notice period is over, you can file a complaint or seek damages through North Dakota’s district court system. The court that handles rental disputes in North Dakota is the North Dakota State Court System (specifically, the district court for your county).²

Relevant Forms for North Dakota Renters

• Notice of Intent to Vacate: While not required for abandonment, this form (sometimes titled "Tenant Notice to Move Out"), lets your landlord know you’re leaving. Using a written notice is always a good idea. Example form from the North Dakota Attorney General: Tenant Notice to Move Out (PDF)
• Small Claims Affidavit, Form 5: If property is disposed of wrongfully, you may sue for damages using the Small Claims Affidavit. This is used when the value is below the small claims threshold. For larger claims, use the regular civil complaint forms from the North Dakota Courts Civil Forms.

In practice: If your landlord tossed your valuable furniture without providing proper notice, you could file in small claims court by completing the required Affidavit (Form 5) and submitting it to your county’s district court office, following the instructions on the official Small Claims Self-Help page.

What the Law Says: Key Tenant Protections

North Dakota’s landlord-tenant law offers protections so renters have a fair chance to get back their personal property after a move or eviction. If a landlord does not follow required notice and storage steps, you may be able to recover damages or the fair value of the property.

Summary of Key Laws and Resources

• North Dakota Century Code § 47-16: Landlord and Tenant Law
• North Dakota State Court System
• North Dakota Attorney General – Tenant Rights

Be sure to review these resources or contact the Court for more help if needed.

Frequently Asked Questions (FAQs)

1. How long does a landlord have to store my abandoned property in North Dakota?
   Landlords must provide at least 28 days’ written notice before selling or disposing of abandoned property. During that time, your items must be stored safely.
2. Can I be charged for storage after moving out?
   Yes. If you leave property behind, your landlord can charge a reasonable storage fee, but only after giving you opportunity to reclaim your belongings.
3. What if my landlord threw out my things without notifying me?
   This is not allowed under North Dakota law. You may be able to seek compensation through your local district court by filing a complaint about the landlord’s actions.
4. Are there forms I must use to reclaim my property?
   No official form is required to reclaim your property. However, written communication is strongly recommended. If you have a dispute, use the Small Claims Affidavit (Form 5) if the value is within the limit.
5. Does eviction change the rules about left-behind property?
   No. Whether you leave after a lease ends or are evicted, landlords must follow the same notice and storage procedures for your belongings.

Key Takeaways for North Dakota Renters

• Landlords must provide 28 days’ written notice and safe storage for left-behind property.
• You have the right to reclaim your items by paying any reasonable storage or removal fee during the notice period.
• If your landlord does not follow the law, you can seek help from North Dakota district courts.

Review official resources and reach out if you have questions or need support resolving a dispute.

Need Help? Resources for Renters

• North Dakota Attorney General – Landlord-Tenant Rights and Responsibilities
• North Dakota State Court System (District Courts) for filing disputes or claims
• Contact Legal Services of North Dakota for free or low-cost advice: Legal Services of North Dakota

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1. North Dakota Century Code, Chapter 47-16 – Landlord and Tenant Law
2. North Dakota State Court System

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