When Can Landlords Shut Off Power for Non-Payment in North Dakota?
Electricity is essential for health, safety, and comfort—especially for renters in North Dakota. If you're facing a service shut-off due to non-payment, it's important to know what your landlord can and cannot do, as well as your rights and where to get help. Let’s break down North Dakota’s rules on power shut-offs, focusing on both renters and landlords.
Can Landlords Shut Off Electricity for Non-Payment?
In North Dakota, state law generally prohibits landlords from shutting off essential utilities like electricity as a way to make tenants pay overdue rent. These protections apply whether your utilities are included in the rent or you pay them directly to the landlord.
What Does the Law Say?
Under North Dakota Century Code Chapter 47-16-13.1, it is illegal for landlords to interrupt or terminate essential services such as electricity, heat, water, or gas to force payment or encourage tenants to move out. This rule applies regardless of whether you are late on rent or have another dispute with your landlord.[1]
Your Rights If the Power Is Shut Off
If a landlord attempts to disconnect or actually disconnects your electricity without a court order, you have the right to:
- Regain access to your home and services immediately
- Seek damages equal to any loss you’ve suffered (plus potential punitive damages)
- File a complaint or take legal action through North Dakota’s district court system
For immediate action, North Dakota tenants can file a complaint in district court against unlawful lockouts or shut-offs. In emergencies, a renter may be entitled to a temporary restraining order to restore service.
Exceptions: When Can Power Be Shut Off Legally?
There are very narrow situations where your electricity might be shut off:
- By a utility company: If the account is in your name and you do not pay your bill, the utility company can disconnect service through its own procedures—but your landlord cannot do this on their own. Learn more about utility shut-off procedures at the North Dakota Public Service Commission.
- After lawful eviction: If a landlord has obtained a court order for eviction and recovered possession of the property, they may request utility changes with proper legal notice.
In all cases, landlords must not use utility shut-offs as a way to retaliate or pressure tenants.
If you are facing a utility shut-off, act quickly. You may be able to restore service and protect your rights through legal action, even if you owe money.
Relevant Official Forms for North Dakota Renters
-
Complaint for Relief from Unlawful Exclusion/Interruption of Essential Services
- When and how used: If your landlord locks you out or unlawfully shuts off your electricity, you can file this complaint in your local district court. For example, if your landlord disconnects your power after falling behind on rent (without a court order), use this form to ask the court to force your landlord to restore service and provide compensation.
- Landlord-Tenant Forms and Instructions (ND Courts—see the "Unlawful Exclusion" and "Essential Services" sections)
-
Eviction Summons and Complaint (For Landlords, but renters should be aware)
- When and how used: If your landlord files for eviction for non-payment, they must serve you these legal documents. Do not ignore them—respond within the timeline given to avoid losing your rights.
- ND Landlord-Tenant Eviction Forms
Who Oversees Renters' Rights in North Dakota?
North Dakota does not have a dedicated rental tribunal or landlord-tenant board. Residential tenancy matters, including utility shut-offs and evictions, are handled by the North Dakota District Courts.
All disputes about landlord entry, evictions, or loss of essential services should be addressed through your county's district court system.
Relevant Tenant Legislation
- North Dakota Century Code Chapter 47-16 – Landlord and Tenant
- Key provision: Section 47-16-13.1 (Unlawful Exclusion, Utility Interruption and Retaliation)
Summary
Landlords in North Dakota are not allowed to shut off your electricity if you’re behind on rent. Only a utility company can disconnect service for non-payment, and only after following their required process—not as a landlord’s method of collecting rent or forcing you out. If your power is wrongfully shut off, you have several legal options to restore service and protect your rights.
Frequently Asked Questions
- Can my landlord shut off my electricity if I am late on rent?
No. Under North Dakota law, landlords are not allowed to disconnect essential services like electricity for non-payment of rent. Only the utility company can do this, and only if you do not pay your own bill. - What should I do if my landlord has shut off my power?
Document the shut-off, contact your landlord in writing, and file a complaint in district court using the Unlawful Exclusion or Essential Services forms. You may request the court to restore service and award damages. - Are utility shut-offs by a landlord ever allowed under North Dakota law?
Very rarely. After a court-ordered eviction and recovery of possession, the landlord may request changes, but never to pressure or retaliate against the tenant for unpaid rent. - How do I get emergency help restoring my power?
Contact your local district court for urgent relief. In true emergencies, the court can issue a temporary restraining order to restore utility service immediately. - What official forms do I use if my landlord cuts off my utilities?
Use the Complaint for Relief from Unlawful Exclusion/Interruption of Essential Services, available through the North Dakota Courts' landlord-tenant forms page.
Need Help? Resources for Renters
- North Dakota Courts: Landlord-Tenant Self-Help Center — Forms and guidance for renters facing lockouts or utility issues.
- Find Your Local District Court — Locate your county’s court to file complaints or get emergency orders.
- Low-Income Home Energy Assistance Program (LIHEAP) — Apply for emergency help if you’re struggling to pay your utility bills.
- ND Public Service Commission: Electric Consumer Info — Learn about utility shut-off rules, complaint processes, and your rights as a utility customer.
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