When Can Landlords Pass Through Costs in North Dakota?

As a renter in North Dakota, it’s important to know when and how your landlord can raise your rent, especially if they mention "pass-through costs.” These are costs a landlord incurs—like property tax increases or building upgrades—that they may want you to help pay for by raising your rent. Understanding your rights and the rules around this helps you budget, maintain stability in your home, and protect yourself from unfair rent hikes.

How Rent Increases Work in North Dakota

North Dakota does not have statewide rent control or rent stabilization laws. This means that, in most cases, landlords are allowed to raise rent by any amount once your lease term is up, or, if you rent month-to-month, with proper written notice. However, they must follow the procedures and timelines set out in the law.

What Are Pass-Through Costs?

"Pass-through costs" refer to expenses that a landlord may transfer to tenants, such as:

• Utility increases (if your lease allows)
• Property tax hikes
• New building repairs or capital improvements

Unlike some states, North Dakota does not specifically regulate pass-through costs, so whether your landlord can add these to your rent depends on your lease agreement. Always review your lease terms and state law for details.

Legal Notice Requirements for Rent Increases

Landlords can only raise the rent in North Dakota after giving you written notice. The notice must be:

• Provided at least 30 days in advance before the rent increase takes effect if you are renting month-to-month.^[1]
• Given after your lease term has ended, unless your lease allows for adjustments during the term.

For yearly leases, the rent amount cannot change until your lease expires, unless there is a special clause in your agreement allowing it.

Sample Official Form: Notice to Terminate Lease or Raise Rent

North Dakota law does not provide a specific statewide "Rent Increase Notice" form. However, landlords typically use a written notice to inform tenants. Here’s what you should expect:

• Form Name: Notice to Terminate Lease or Change Rental Terms
• Where to Get It: While there is no official state form, sample templates and plain-language explanations are available through the North Dakota Supreme Court Self-Help Center.
• How It’s Used: Your landlord must provide this written notice at least 30 days before the change. For example, if your landlord plans to add a new "pass-through" cost for building maintenance, they must inform you in writing 30 days before the new amount takes effect.

Your Rights: Challenging Rent Increases or Pass-Through Costs

Even though North Dakota law gives landlords flexibility to set rents, tenants do have rights. Here’s what you can do:

• Request a detailed explanation or breakdown of additional charges.
• Review your lease—only costs agreed to in writing can be added.
• Contact state or local agencies if you believe a rent increase is in retaliation after a dispute, as that is not allowed under state law.^[2]
• If you do not accept the new terms, you can give your landlord a "Notice to Vacate" as per your lease or state requirements.

For disputes, you can file a complaint with the North Dakota Supreme Court's landlord-tenant resources or contact local tenant support services.

Relevant Legislation & Tribunal

• North Dakota Century Code, Chapter 47-16: Landlord and Tenant — Comprehensive state tenancy law^[1]

Residential tenancy disputes in North Dakota are typically handled by the state’s district courts. For legal help and guidance, renters may begin with the North Dakota Supreme Court Self Help Center.

FAQ: Pass-Through Costs & Rent Increases in North Dakota

1. Can my landlord raise my rent at any time in North Dakota?
   Generally, yes—if you have a month-to-month lease, your landlord can raise your rent with at least 30 days written notice. For fixed-term leases, they must wait until your lease ends unless your lease allows for changes.
2. Does North Dakota restrict how much my landlord can raise the rent?
   No, there are currently no state limits on rent increases. The amount is up to the landlord, barring any specific terms in your lease.
3. How do I know if I must pay "pass-through" costs?
   Read your lease carefully. Unless it specifies that you must pay for certain landlord expenses, you are not legally obligated to pay new costs until your next lease renewal.
4. What should I do if I think the rent increase is unfair?
   You can ask your landlord to explain the higher rent or added charges. If you believe you are being retaliated against or the increase violates your lease, consider reaching out to local legal aid or the court's self-help resources for support.
5. Is there an official rent increase notice form for North Dakota?
   No, but a written 30-day notice is required for rent increases. Access landlord-tenant forms and guidance at the North Dakota Supreme Court Self-Help Center.

Summary: Key Takeaways About Pass-Through Costs

• Landlords in North Dakota can raise rent, including to cover pass-through costs, but must provide at least 30 days’ written notice for month-to-month tenants.
• Your lease determines if and when added costs may be passed on. Always review and keep a copy of your agreement.
• Contact the North Dakota Supreme Court Self Help Center or legal aid if you have questions or disputes about your rent increase.

Need Help? Resources for Renters

• North Dakota Supreme Court Self-Help Center – Landlord/Tenant
• Legal Services of North Dakota — Free and low-cost legal help for eligible renters
• U.S. Department of Housing and Urban Development – ND Resources
• North Dakota Housing Finance Agency

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1. See: North Dakota Century Code, Chapter 47-16
2. See: Retaliation protections in Chapter 47-16-17.1

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