Tenant Rights During Building Repairs in North Dakota

As a renter in North Dakota, you may face situations where your landlord needs to carry out repairs or renovations in your building. Understanding your rights and the legal protections available ensures your safety, comfort, and lease compliance are respected during these times.

Understanding Building Repairs and Tenant Rights in North Dakota

North Dakota law requires landlords to maintain rental units in safe, habitable condition. When extensive repairs are necessary, your day-to-day living arrangements may be affected. However, North Dakota Century Code Chapter 47-16 sets clear rules for both landlords and tenants on repairs, entry, and continued use of your home.¹

Your Right to a Habitable Residence

Landlords in North Dakota must provide housing that is safe, clean, and fit to live in. This legal standard is called the "implied warranty of habitability." It means:

• Heating, plumbing, electrical, and structural elements must be safe and in good working order
• Common areas must be maintained
• Pest infestations or hazardous conditions must be addressed promptly

Landlord Repair Duties & Notice Requirements

Your landlord is required to conduct necessary repairs within a reasonable timeframe after you notify them of a problem. For non-emergency repairs, your landlord must provide at least 24 hours' notice before entering your rental unit, unless another arrangement is agreed upon. For emergencies (like major water leaks or exposed wiring), immediate entry may be allowed.

What Happens to Your Rent During Repairs?

If repairs are so disruptive that you can't safely or reasonably use your home, North Dakota law allows for possible rent reduction—or, in serious cases, ending your lease early without penalty. The key is that the issue must not be caused by your actions and must significantly affect habitability. Rent adjustments are typically addressed in writing between you and your landlord.

Tip: Always communicate with your landlord in writing about repairs. Keep copies of all correspondence and photos for your records.

If Repairs Force You to Leave Temporarily

In rare cases where repairs make your home unlivable, you may be entitled to a relocation or rent abatement. While North Dakota law does not require landlords to pay for hotel stays or relocation, your lease agreement might address this. Review your lease and negotiate with your landlord if needed. If the situation is extreme, you may have rights to terminate your lease without penalty.

Required Forms for Renters

• Repair Request Letter (No official state form): North Dakota does not supply a government-issued repair request form, but you can write a letter or email that includes:
  • Date and description of the repair needed
  • Your contact information and address
  • Reasonable deadline for completion (suggest 3-10 days for non-emergencies)

  Example: If your heat is not working in winter, you email your landlord requesting repairs within 24-48 hours due to the urgency.

• Notice to Terminate Lease (ND Century Code 47-16-17): If repairs make the home unfit or unsafe, you may use written notice to end your lease. Clearly state your reason and effective date of termination. Read the relevant statute here.¹

Dispute Resolution: The Role of Small Claims Court

While North Dakota does not have a dedicated landlord-tenant tribunal, disputes over repairs, rent, or lease termination are typically heard in North Dakota District Court Small Claims Division. Tenants may file a claim if they believe their rights under state law have been violated.

Actions You Can Take

• Submit repair requests to your landlord in writing, keeping proof of communication
• Document repairs and disruptions with photos and notes
• If habitability is seriously affected and not fixed, issue a written notice of intent to terminate the lease
• If no resolution, seek help from your local court for further action

Frequently Asked Questions

1. If my apartment is unlivable during repairs, can I stop paying rent?
   Possibly. If repairs make your rental unsafe or unusable and it’s not your fault, you may be entitled to a rent reduction or to end your lease. Always document the situation and try to get agreement in writing with your landlord first.
2. Does my landlord have to give me notice before entering for repairs?
   Yes. Except for emergencies, your landlord must give at least 24 hours’ written notice before entering your unit for repairs.
3. What if my landlord won’t fix urgent problems?
   You can submit a written repair request, and if they don’t respond promptly, you may file in small claims court or, in certain circumstances, have repairs done and deduct the cost from rent. Always check state law and seek legal help if needed.
4. Am I responsible for repairs caused by normal wear and tear?
   No. Routine maintenance and repairs due to normal use are your landlord’s responsibility, not yours.
5. Where do I go for help if my repair dispute isn’t resolved?
   In North Dakota, unresolved disputes may be filed with the Small Claims Division of your local District Court.

Need Help? Resources for Renters

• North Dakota Courts: Find your local District Court and Small Claims guidelines
• North Dakota Century Code 47-16 (Landlord-Tenant Law): Official residential tenancy laws
• Legal Services of North Dakota: Free and low-cost legal support for renters
• ND Renters Rights Legal Project: Statewide information and advocacy

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1. ND Century Code Chapter 47-16: Obligations of Landlord and Tenant
2. North Dakota District Courts – Small Claims

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