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North Dakota security deposit law
Short answer: A North Dakota landlord has 30 days after the lease ends and the tenant moves out to return the deposit plus interest, with an itemized written notice of anything kept. Deposits are capped at one month's rent in most cases.
| Deadline to return the deposit | 30 days after the lease ends and the tenant hands over possession. |
|---|---|
| Limit on how much a landlord can charge | One month's rent. Up to two months' rent is allowed for a tenant with a felony conviction (as an incentive to rent to them) or with a prior court judgment for breaking a lease. A pet deposit can be up to $2,500 or two months' rent, whichever is greater (never for a service or companion animal). |
| Itemized list of deductions | Yes. Anything kept must be itemized in a written notice, delivered or mailed to the last address the tenant gave, showing any amount still owed or the refund due. |
| Interest on the deposit | Yes. The deposit must be kept in a federally insured interest-bearing account, and the interest goes to the tenant, unless the tenant lived there less than nine months. |
| Penalty if the landlord breaks the rules | A landlord who withholds deposit money without reasonable justification owes three times the amount (treble damages). |
| What the tenant has to do | Give the landlord your new address. Unclaimed refunds are reported as unclaimed property after a year. |
| The law | North Dakota Century Code Sections 47-16-07.1 and 47-16-07.2 |
Official law: North Dakota Century Code Sections 47-16-07.1 and 47-16-07.2. Checked against the statute on 2026-11-04.
Good to know
- North Dakota requires a move-in condition statement, signed by both landlord and tenant, which serves as proof of the unit's condition at the start.
- Deductions are limited to damage from the tenant's pet or negligence (or a guest's), unpaid rent, and cleaning or repairs needed to return the unit to move-in condition minus reasonable wear and tear.
Tips for landlords
- Do a written move-in inspection and have the tenant sign it. Take dated photos of every room, including inside appliances and closets.
- Collect the tenant's forwarding address in writing at move-out.
- Put the itemized list and the refund in the mail well before the deadline, and keep proof of mailing.
- Normal wear and tear (faded paint, light carpet wear, small nail holes) usually can't be charged. Damage beyond that can.
Tips for tenants
- Take your own dated photos and video on move-in day and move-out day.
- Give your landlord your forwarding address in writing, and keep a copy.
- If the deadline passes, send a written demand letter that cites the law above before going to small claims court.
Common questions
How long does a landlord have to return a security deposit in North Dakota?
30 days after the lease ends and the tenant hands over possession.
Is there a limit on security deposits in North Dakota?
One month's rent. Up to two months' rent is allowed for a tenant with a felony conviction (as an incentive to rent to them) or with a prior court judgment for breaking a lease. A pet deposit can be up to $2,500 or two months' rent, whichever is greater (never for a service or companion animal).
Does a landlord in North Dakota have to itemize deductions?
Yes. Anything kept must be itemized in a written notice, delivered or mailed to the last address the tenant gave, showing any amount still owed or the refund due.