When to Call for Emergency Repairs in North Dakota Rentals

If you’re renting a home or apartment in North Dakota, knowing what to do in an emergency repair situation can protect your safety—and your rights. North Dakota state law requires landlords to maintain rental units in a safe and habitable condition. But what happens if there’s an urgent problem, and your landlord isn’t responding? Here’s what North Dakota renters need to know about emergency repairs.

What Counts as an Emergency Repair?

North Dakota law defines emergencies as situations where your health or safety is at immediate risk. Typical emergency repairs include:

• No heat during freezing temperatures
• Major water leaks or burst pipes
• No running water, gas, or electricity due to landlord-controlled problems
• Sewer backups or flooding
• Broken doors or locks that threaten security
• Dangerous electrical faults or exposed wiring

Routine issues, like minor leaks or a broken appliance, usually do not qualify as emergencies—though your landlord must still fix them in a reasonable time.

Your Landlord’s Responsibility for Repairs

Under the North Dakota Century Code Chapter 47-16, landlords must:

• Keep the rental unit livable and up to health/safety codes
• Make timely repairs when notified
• Provide heat, water, plumbing, and electricity services as agreed in the lease

The law expects landlords to act quickly for emergency issues. However, if you can’t reach your landlord, you may be allowed to arrange repairs yourself and recover the cost.

Can Renters Call a Professional for Emergency Repairs?

If you’re dealing with a genuine emergency and you’ve tried to notify your landlord—tries by call, email, or in writing—but received no prompt response, you may have the right to fix the issue yourself and deduct the reasonable cost from your rent. This is sometimes called the "repair and deduct" remedy.

Here’s what’s required under North Dakota law:

• You must first notify the landlord about the emergency as soon as possible
• Give your landlord a reasonable opportunity to handle the repair (unless the situation is a true threat to safety or habitable living)
• If the landlord cannot be reached or does not respond, you may arrange for repairs as needed to resolve the emergency
• Request a detailed invoice from the professional who completes the work

Once the repairs are done, you can present the invoice to your landlord and request reimbursement or deduct it from your next rent payment. It is best to communicate with your landlord throughout the process and keep copies of all correspondence and receipts.

Relevant Forms and How to Use Them

• Notice to Landlord – Demand for Repairs: This written notice is your first step before arranging any repairs yourself. While there’s no official statewide form, you can draft a simple letter stating:
  • The date and nature of the emergency
  • Your attempts to contact the landlord
  • A deadline for response or repair, if reasonable

  Example: If your heat is out in January and your landlord hasn't responded to calls, send this notice by email and postal mail. Keep a copy for your records.

• Small Claims Complaint for Reimbursement (North Dakota Courts Form): If your landlord refuses reimbursement for a legitimate emergency repair, you may use the Small Claims Complaint form to recover your costs up to $15,000 in North Dakota. File with supporting evidence such as your notice to landlord, repair invoice, and all records of communication.

Which Tribunal Handles Rental Disputes?

North Dakota does not have a separate landlord-tenant board. All residential tenancy disputes, including repair issues, are handled by the North Dakota Courts system, most often in Small Claims Court.

Action Steps if You Face an Emergency Repair

• Contact your landlord immediately—phone, text, or email
• Document all communication and response times
• If there is no prompt action, arrange repair only for the immediate emergency (not upgrades or non-essential work)
• Keep detailed receipts and a copy of any notice sent
• Notify your landlord about the completed repair and cost as soon as possible
• If the landlord does not reimburse you, consider small claims court as a last resort

Responding quickly—but carefully—to emergencies keeps you safe and within your legal rights as a tenant.

Frequently Asked Questions

1. What if I can’t reach my landlord during an emergency?
   If you have made good-faith efforts but cannot reach your landlord in an emergency, North Dakota law may allow you to arrange repairs and seek reimbursement. Record all attempt times and methods.
2. Can I deduct emergency repair costs from my rent?
   Yes, you may be able to deduct reasonable, necessary emergency repair costs from your rent—but only after proper notification and attempts to contact your landlord.
3. What services qualify as an emergency?
   Lack of heat during winter, loss of essential utilities due to property issues, flooding, and dangerous security or safety hazards usually qualify as emergencies.
4. Do I need landlord approval before calling a plumber or electrician?
   If the issue is an emergency and your landlord doesn’t respond, you do not need prior approval after good-faith attempts at contact. Only arrange repairs for what is essential to safety or habitability.
5. Where do I file a dispute if my landlord refuses to reimburse me?
   You would file a case in the appropriate North Dakota Small Claims Court with your documentation.

Key Takeaways for North Dakota Renters

• Try to reach your landlord first in any emergency.
• You may handle essential repairs yourself if the landlord doesn’t respond quickly—but keep records and receipts.
• Official rental disputes are handled by the North Dakota Courts system.

Act promptly and document every step to protect your rights and financial interests.

Need Help? Resources for Renters

• North Dakota Courts: Self-Help Resources
• North Dakota Attorney General – Tenant Information
• North Dakota Century Code – Landlord and Tenant Legislation
• Legal Services of North Dakota – Tenant Rights

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1. North Dakota Century Code Chapter 47-16 – Landlord and Tenant
2. North Dakota Small Claims Court – Self Help
3. North Dakota Courts – Tribunal Handling Tenancy Disputes

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