North Dakota Security Deposit Laws: Your Rights as a Renter

As a renter in North Dakota, understanding your rights around security deposits can help you avoid problems when moving out or disputing charges. The state's rules are straightforward, but it’s important to know what your landlord can and cannot do with your money. This guide explains the basics of North Dakota security deposit laws, outlines your protections as a tenant, and points you to official resources to help resolve any issues.

Security Deposit Limits in North Dakota

North Dakota law regulates how much a landlord can request for a security deposit:

• For most rentals, landlords may require up to one month’s rent as a security deposit.
• If you have a pet (other than a service or assistance animal), an additional pet deposit up to $2,500 or two months' rent (whichever is greater) may be charged.

There are exceptions for certain tenancies, such as housing for seniors or Section 8 housing. Always check your lease for any additional provisions.

How Security Deposits Must Be Handled

Landlords must keep your security deposit in a federally-insured financial institution. They are not required to pay interest on your deposit.

North Dakota law does not allow landlords to treat your deposit as rent unless you both agree in writing.

When Can a Landlord Keep Part of Your Deposit?

Landlords can deduct from your security deposit only for:

• Unpaid rent
• Damage beyond normal wear and tear
• Cleaning costs to return the unit to its original condition (excluding normal use)

"Normal wear and tear" means the natural deterioration that happens over time with ordinary use. Damage like broken windows, large holes in walls, or pet stains typically does not qualify as wear and tear.

Security Deposit Return Deadlines

After you move out and provide your forwarding address, your landlord must:

• Return your deposit within 30 days
• Provide a written, itemized list of any deductions if money is withheld

If your deposit is not returned or if you disagree with deductions, you have the right to demand your deposit in writing. Landlords who wrongfully withhold deposits can be held liable for damages, including your actual deposit plus interest and possible legal fees.

Official Forms and Action Steps

Requesting the Return of Your Security Deposit

North Dakota does not require a specific state-issued form to request your deposit refund, but using a written notice is highly recommended. A sample form you can use is:

• Security Deposit Demand Letter (Sample): Write a letter requesting your deposit back, referencing North Dakota Century Code Section 47-16-07.1. Include your new address, move-out date, and request an itemized list of any deductions.

For how-to steps, see the section below.

Filing a Complaint

If communication with your landlord fails, you may file a complaint with the North Dakota Office of the Attorney General’s Consumer Protection and Landlord-Tenant Rights Division.

The official agency handling residential tenant-landlord issues is the North Dakota Attorney General – Landlord-Tenant Rights.

Relevant Tenancy Legislation

The laws covering security deposits and tenant protections are found in the North Dakota Century Code, Chapter 47-16: Landlord and Tenant.¹

FAQ: North Dakota Renter Security Deposit Rights

1. How quickly must my landlord return my security deposit?
   Landlords must return your deposit within 30 days after you move out and provide your forwarding address.
2. What can be deducted from my security deposit?
   Only unpaid rent, cleaning fees for excessive mess, and damage beyond normal wear and tear can be deducted.
3. What if my landlord won’t return my deposit?
   Start with a written demand. If there is no response, file a complaint with the North Dakota Attorney General’s Landlord-Tenant Rights division or consider small claims court.
4. Is there an official form to request my security deposit back?
   No official state form, but you should send a written demand letter, including your new address and referencing state law.
5. Can a pet deposit be more than one month’s rent?
   Yes, the law allows an additional pet deposit up to $2,500 or two months’ rent (whichever is more), except for service animals.

Key Takeaways for North Dakota Renters

• Security deposits are limited to one month’s rent (plus pet deposits, if applicable).
• Landlords must return your deposit within 30 days and provide a written list of deductions.
• If issues arise, use written communication and seek help from the state Attorney General’s office or small claims court.

Knowing your rights helps ensure a smooth move-out process and protects your finances as a tenant.

Need Help? Resources for Renters

• ND Attorney General – Landlord-Tenant Rights: Guidance, complaint forms, and contacts.
• North Dakota Judicial Branch: Landlord-Tenant Self Help: Information on small claims court and tenant legal actions.
• North Dakota Century Code, Chapter 47-16: All official landlord-tenant legislation.

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1. North Dakota Century Code, Chapter 47-16: Landlord and Tenant
2. North Dakota Attorney General: Landlord-Tenant Rights
3. North Dakota Courts: Landlord-Tenant Self Help

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