North Dakota Tenant Rights: Domestic Violence Security & Lease Protections

Tenants in North Dakota who are facing domestic violence have important legal protections to help them stay safe and maintain housing. From changing locks to breaking a lease without penalty, state law recognizes the urgency of safety and provides practical options for renters.

Understanding Your Rights as a Tenant Experiencing Domestic Violence

If you are a renter in North Dakota and have experienced domestic violence, you have specific legal rights designed to protect your safety at home. These protections are covered under North Dakota Century Code Chapter 47-16-07.5 – Landlord and Tenant: Survivors of Domestic Violence.^[1]

• The right to request a lock change for your rental unit
• The right to terminate your lease early without penalty
• Protection from eviction based solely on your status as a victim

These rights allow tenants to take quick action toward securing their living situations and maintaining privacy.

Changing Locks After Domestic Violence

North Dakota law allows victims of domestic violence to request, in writing, that their landlord change the locks on their rental unit. This is a key step for many renters seeking immediate safety.

• You must provide your landlord with a written request to change the locks.
• You also need to provide a copy of either a protection order, restraining order, or equivalent law enforcement documentation.
• The landlord must change the locks within 72 hours of your request.
• If the landlord does not take action, you can change the locks yourself and provide the landlord with a key.

What Documentation Do I Need?

The law requires you to supply the landlord with one of these official documents:

• A valid court-issued Protection Order (sometimes called a restraining order)
• A police report verifying the incident of domestic violence

These documents should be current and pertain to either you or a household member living in the same residence.

Breaking Your Lease Due to Domestic Violence

If you or a fellow household member are a victim of domestic violence, North Dakota law lets you end your lease early without penalty. This right is essential if continued occupancy poses a threat to your safety.

• You must provide written notice to your landlord that you are terminating the lease due to domestic violence.
• Include a copy of your protective order or police report with the notice.
• The lease ends 14 days after you deliver this notice.
• The landlord cannot impose penalties or withhold your security deposit for early termination related to domestic violence.

The process is straightforward. For step-by-step details, see the "How To" section below.

Official Forms for Renters

• No mandated statewide form currently exists specifically for domestic violence lease termination or lock change. However, written notice is required. Attach your court order or police report to your request and provide copies to your landlord. See templates available via the North Dakota Courts: Domestic Violence Protection Order page.

When providing notice, it is recommended to keep copies of all correspondence and proof of delivery for your records.

Eviction and Retaliation Protections

Landlords cannot evict or otherwise penalize tenants solely for being victims of domestic violence, sexual assault, or stalking. You also cannot be discriminated against when applying for a rental due to your survivor status.

Which Tribunal Handles Tenant-Landlord Matters?

In North Dakota, most landlord-tenant disputes, including those related to domestic violence protections, are handled by the North Dakota District Courts.^[2] Neither the Attorney General’s office nor a state housing board arbitrates rental disputes, but the courts do.

Summary of Key Steps for Domestic Violence Survivors

It can feel overwhelming to take legal steps while facing domestic violence. Here’s a summary of your main actions:

• Obtain official documentation of the domestic violence (protection order or police report).
• Make a written request to your landlord for lock changes, and/or provide written notice if you need to terminate your lease.
• Be sure to deliver your requests in writing, attach your documentation, and keep copies.
• If your landlord does not comply, consider contacting legal aid or filing in District Court.

FAQs: North Dakota Domestic Violence Tenant Rights

1. Can my landlord refuse to change the locks if I request it due to domestic violence?
   If you provide proper written notice and documentation, your landlord must change the locks within 72 hours, or you may change them and give the landlord a new key.
2. Will breaking my lease for safety reasons affect my rental history?
   No, North Dakota law allows domestic violence survivors to terminate their lease early without penalty or a negative mark on their rental history, as long as proper notice and documentation are provided.
3. What if I need to break my lease but do not have a protection order yet?
   State law requires you to have a court-issued protection order or police report to exercise your right. You should seek assistance from local advocacy organizations or the courts as soon as possible.
4. Can my landlord evict me just because I am a victim?
   No, it is illegal for a landlord to evict or penalize a tenant exclusively because they are a victim of domestic violence, sexual assault, or stalking.
5. Who handles disputes if my landlord denies these protections?
   You may bring your case to the North Dakota District Courts, which handle landlord-tenant matters and enforce the state’s tenant protections.

Conclusion: Key Takeaways for North Dakota Renters

• Domestic violence survivors have the right to safety and privacy in their rental homes.
• Tenants can request lock changes and terminate leases without penalty if the proper legal process is followed.
• Document everything in writing and attach evidence to help ensure your rights are respected.

Staying informed and proactive can make a critical difference in protecting yourself and your household.

Need Help? Resources for Renters

• North Dakota Courts: Domestic Violence Protection Orders
• North Dakota District Courts: Court Locator
• Legal Services of North Dakota – Free legal help for qualifying renters
• North Dakota Attorney General – Consumer Protection
• North Dakota Council on Abused Women's Services (NDCAWS) – 24-hour crisis support
• For emergencies, always call 911.

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1. North Dakota Century Code Chapter 47-16-07.5 – Landlord and Tenant: Survivors of Domestic Violence
2. North Dakota District Courts – Official Locations and Information

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