Understanding Rent Gouging Laws for North Dakota Renters

Rent increases and housing affordability are major concerns for many renters in North Dakota. If you're worried about sudden rent hikes or unfair charges, it's important to understand what state law says about rent gouging and tenant protections. While North Dakota does not have specific rent control laws, key legislation and state agencies help guide fair renting practices.

Is Rent Gouging Illegal in North Dakota?

Rent gouging refers to landlords sharply increasing rent to unreasonably high levels, especially during emergencies. In North Dakota, there is currently no statewide rent control or explicit rent gouging prohibition for most residential tenancies.^[1] Landlords can generally set and raise rent as they see fit, as long as they provide proper written notice and follow state law.

What the Law Requires for Rent Increases

• No state-wide cap on how much rent can be raised.
• Landlords must give at least 30 days' written notice before any rent increase for month-to-month tenancies.^[2]
• Increasing rent during a fixed-term lease is not allowed unless the lease specifically allows it.

For more details, see the North Dakota Century Code Chapter 47-16: Leases of Real Property.

When Could a Rent Increase Be Unlawful?

Even in the absence of rent control, some situations may raise legal issues such as:

• If a rent increase is used to retaliate against a tenant for complaining about repairs, safety, or health code violations.
• If the increase is discriminatory (e.g., based on race, national origin, religion, etc. - protected under fair housing laws).
• If a rent hike violates local ordinances (in some cities) or breaches your written lease agreement.

Reporting Suspected Unfair Practices

While state law does not label high rent increases as "gouging," you may still have protections if:

• A rent hike follows a complaint about needed repairs or code violations.
• A pattern of discrimination exists.
• Terms of your lease have been violated.

Official Tribunals & Complaint Process

North Dakota does not have a specialized landlord-tenant tribunal. However, rental disputes (including illegal rent increases) may be handled by your local District Court or, in cases involving discrimination or retaliation, the Department of Labor and Human Rights handles fair housing complaints.

Relevant Forms for Renters

• North Dakota Housing Discrimination Complaint Form
  When to use: If you believe a rent increase was based on discrimination.
  Where to find: Housing Discrimination Complaint Form
  Example: If your landlord raises your rent right after you reveal your background or due to your race, you can fill out and submit this form to the Department of Labor and Human Rights.
• Notice of Rent Increase (no official state form)
  There is no required state-mandated form, but landlords must notify you in writing at least 30 days before a rent increase for month-to-month tenants.^[2]

For issues relating to notice or lease requirements, you may need to bring a small claims or civil action in your local North Dakota District Court.

Key Legislation for North Dakota Renters

The primary rental laws are contained in:

• North Dakota Century Code Chapter 47-16: Leases of Real Property
• Chapter 47-16-17.1: Landlord Retaliation Prohibited
• North Dakota Department of Labor and Human Rights

These resources outline rights regarding notices, rent increases, discrimination, security deposits, and retaliation protections.

FAQ: North Dakota Rent Gouging, Increases, and Complaints

1. Does North Dakota have rent control laws?
   No. North Dakota does not set limits on how much a landlord can raise rent or how often. However, proper notice is required.
2. How much notice must a landlord give before a rent increase?
   In most month-to-month leases, at least 30 days' written notice is required before a rent increase can take effect.
3. Is raising my rent after I request repairs considered illegal retaliation?
   If a landlord increases your rent because you exercised your tenant rights, such as requesting repairs, this could be considered retaliation and may be illegal.
4. Where can I file a complaint if I believe a rent increase is discriminatory?
   Contact the North Dakota Department of Labor and Human Rights and use their Housing Discrimination Complaint Form.
5. Can I negotiate rent increases with my landlord?
   Yes. It is always acceptable to communicate concerns and attempt to reach a fair agreement, as long as both parties follow legal notice requirements.

Conclusion: What Renters Should Know

• North Dakota does not have rent control or specific rent gouging laws, but notice and retaliation protection rules do apply.
• Keep written records of all landlord communications.
• If you suspect discrimination or retaliation, contact the Department of Labor and Human Rights for support.

Understanding your rights about rent increases and how to respond to unfair practices can help you protect your housing and peace of mind.

Need Help? Resources for Renters

• North Dakota Department of Labor and Human Rights – Handles fair housing and retaliation complaints, provides complaint forms, and offers renter guidance.
• North Dakota District Courts – For legal disputes or small claims related to rental housing.
• Chapter 47-16: Leases of Real Property – Read official rental law directly.

---

1. North Dakota Century Code Chapter 47-16: Leases of Real Property
2. ND Century Code 47-16-07: Notice of Change in Rent

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations