North Dakota Tenant Utility Shutoff Rights & Protections

As a North Dakota renter, facing a potential utility shutoff can be stressful—especially during critical times of year. Knowing your rights and the steps to take can help you avoid unnecessary hardship and protect your health and safety. This guide explains key North Dakota tenant protections for utility shutoff, how to respond if you receive a disconnection notice, and resources you can use for help.

Understanding Utility Shutoff Rules for North Dakota Renters

Utility shutoff refers to when your electricity, water, natural gas, or other essential services are disconnected, typically due to nonpayment. In North Dakota, utilities are regulated by the North Dakota Public Service Commission (ND PSC). Tenant protections can vary depending on whether utilities are in your name, your landlord's name, or included with rent. The main law covering landlord-tenant relationships is the North Dakota Century Code Chapter 47-16 (Landlord and Tenant).^[1]

Are Landlords Allowed to Shut Off Utilities?

In North Dakota, it is illegal for a landlord to willfully cut off gas, heat, water, or electricity to force a tenant to move out or to collect payment. This is called a "self-help eviction." Landlords must use the legal eviction process if seeking to end a tenancy.^[1]

• If your utilities are shut off by the landlord (not the utility company), you may be able to sue for damages and get your utilities restored quickly.

Utility Company Shutoffs: What Are Your Rights?

When utilities are in your name, disconnections by the utility company follow state rules:

• Utility companies regulated by the ND PSC can only disconnect service after proper notice.
• You must receive a written or electronic shutoff notice at least 10 days before disconnection.
• Utilities may not disconnect during extreme cold weather under certain conditions (see below).

Winter Moratorium Protections

North Dakota has special rules to protect residents from utility disconnection during cold weather, known as the Winter Moratorium (from November 1 to April 1). During this period:

• Regulated electric and natural gas companies cannot disconnect service if:
• It is determined disconnection would create a special danger to health (elderly, young children, medical concerns)
• You agree to a payment plan with the utility provider
• You seek energy assistance through a federally funded program (such as LIHEAP)

Full details are available on the ND PSC's Winter Disconnect Moratorium page.

What to Do If You Receive a Utility Shutoff Notice

If you are facing disconnection, take these steps:

• Review the shutoff notice for the reason and shutoff date.
• Contact the utility company immediately to discuss payment options or reasonable payment arrangements.
• Apply for energy assistance as soon as possible if you qualify.
• Ask your utility company about protections under the winter moratorium if applicable.
• If utilities are included in rent, inform your landlord in writing and request urgent action.

Relevant Forms and Filing a Complaint

If your landlord shuts off utilities unlawfully, you may file a complaint. For regulated utility companies, use the ND PSC form below:

• ND PSC Consumer Complaint Form
• File a Consumer Complaint (ND PSC)
• When to use: If you believe a utility provider violated shutoff rules (for example, disconnecting without proper notice, or during protected cold weather periods). A renter might use this form if their heat is shut off in March during the moratorium.

How to Use: Fill out the online form or print and mail it to the North Dakota Public Service Commission. Include your contact information, address, details about the problem, and any documentation (such as a shutoff notice).

Where to Get Help if Your Landlord Shuts Off Utilities

If only your landlord—not the utility company—shut off services, contact:

• North Dakota Attorney General's Consumer Protection Division
• Phone: (701) 328-3404 or (800) 472-2600

This office investigates unlawful landlord actions.

Relevant Tribunal and Legislation

The main authority for tenant-landlord matters is the North Dakota Courts. For disputes over illegal utility shutoff, you may have the right to sue in small claims or district court.

The primary law is North Dakota Century Code Chapter 47-16 (Landlord and Tenant).

Frequently Asked Questions

1. Can my landlord legally turn off my utilities in North Dakota?
   No, North Dakota law prohibits landlords from willfully shutting off essential utilities to force tenants to leave or pay rent. They must use the legal eviction process instead.
2. What should I do if I get a utility shutoff notice?
   Contact the utility company right away to discuss payment and possible assistance programs. If the shutoff is from your landlord, contact the Attorney General's Consumer Protection Division.
3. Does North Dakota have protection from utility shutoff during winter?
   Yes, the winter moratorium (November 1–April 1) protects qualifying customers from disconnection, as long as you seek assistance and make payment arrangements.
4. What if my utilities are included in my rent?
   If your landlord fails to pay, resulting in a shutoff, notify them in writing and call the Consumer Protection Division. You may also have the right to sue for damages.
5. Where can I file a complaint about a utility company?
   You can use the ND PSC Consumer Complaint Form to report improper utility shutoff actions by regulated utility providers.

Need Help? Resources for Renters

• North Dakota Public Service Commission – Oversees regulated utilities and complaints
• ND Attorney General Consumer Protection Division – Assists with illegal landlord utility shutoffs
• Low Income Home Energy Assistance Program (LIHEAP) – Apply for energy bill help
• North Dakota Courts – For legal disputes or seeking damages

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1. North Dakota Century Code Chapter 47-16 (Landlord and Tenant)
2. North Dakota Public Service Commission – Utilities Regulation
3. PSC Winter Disconnect Moratorium Information
4. ND Attorney General Consumer Resources

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