North Dakota Month-to-Month Lease Agreement

Required Landlord Disclosures (2)

Under state and federal law, North Dakota landlords must make the following disclosures to residential tenants:

1. Lead-based paint: Landlords must disclose information about the known presence of lead-based paint and associated hazards in any dwelling unit built before 1978 (Section 1018 of Title X).

2. Move-in checklist: North Dakota landlords must give new tenants a checklist that clearly outlines the dwelling unit’s condition at move-in (NDC § 47-16-07.2).

Required Notice to Terminate Month-to-Month Agreement

To terminate a North Dakota month-to-month lease, also known as a tenancy at will, either the landlord or the tenant may issue notice to the other party within the time frame required by state law:

Required notice for landlord: One calendar month (NDC § 47-16-15)

Required notice for tenant: One calendar month (NDC § 47-16-15)

Rent Increase Laws

Unlike fixed-term leases that lock landlords and tenants into a set rent for a year or more, month-to-month tenancies run on shorter terms. Landlords may raise the rent at the end of each month as long as they follow North Dakota rent increase laws.

As of 2025, North Dakota has no rent control or rent stabilization laws. Landlords may raise rent by any amount they consider appropriate as long as they give tenants at least 30 days’ notice before the increase takes effect (NDC § 47-16-07). However, rent increases must remain reasonable. Landlords cannot use them to retaliate against tenants or apply them in a discriminatory way.

Rent Payment Laws

Grace period: North Dakota law does not require a mandatory grace period for tenants to pay late rent.

Late rent fees: North Dakota does not cap the amount landlords may charge for late rent fees. However, without specific regulations, landlords should only charge reasonable fees they can defend in court.

Tenant’s right to withhold rent: Tenants in North Dakota cannot withhold rent. However, they may complete necessary repairs and deduct the cost from their next rent payment (NDC § 47-16-13).

Pet rent laws: North Dakota law does not limit the amount landlords may charge for monthly pet rent.

Security Deposit Rules

Maximum security deposit: Residential landlords in North Dakota can charge up to 1 month’s rent as a security deposit. If the tenant has a felony conviction or a history of lease violations, the landlord may charge up to 2 months’ rent (NDC § 47-16-07.1).

Security deposit receipt: North Dakota landlords do not have to provide tenants with a receipt for their deposit.

Interest: North Dakota landlords must store security deposits in a federally insured, interest-bearing savings or checking account. When the lease ends, tenants have the right to receive the interest earned on their deposit (NDC § 47-16-07.1).

Deduction tracking: North Dakota landlords may use security deposit funds to cover unpaid rent, cleaning costs, and damages beyond normal wear and tear. They must track all deductions and provide an itemized statement to the tenant when returning the deposit (NDC § 47-16-07.1(3)).

Returning a tenant’s security deposit: Landlords must return the tenant’s security deposit within 30 days after the tenant moves out (NDC § 47-16-07.1(3)).

Pet deposit rules: North Dakota landlords may charge a pet deposit that does not exceed 2 months’ rent or $2,500, whichever amount is greater (NDC § 47-16-07.1(2)).

Property Access Regulations

Advance notice: North Dakota rental law requires landlords to notify tenants before entering the dwelling unit and to enter only at reasonable times. However, the law does not specify an exact notice period (NDC § 47-16-07.3).

Immediate access: Landlords in North Dakota may enter a dwelling unit immediately in the case of an emergency (NDC § 47-16-07.3).

Landlord harassment: If the landlord repeatedly enters the dwelling unit at unreasonable times, for unreasonable matters, or without providing advance notice, the landlord may be held liable for harassment (NDC § 47-16-07.3). In this case, the tenant may obtain a court order blocking the landlord from entering the unit, terminate the lease agreement early without penalty, and/or recover damages and legal fees from the landlord.

Rental Agreement Violations

Missed rent payment: Once rent becomes overdue, landlords in North Dakota can issue the tenant a 3-day Notice to Pay or Quit. (NDC § 47-32-02).

Lease violation: If the tenant violates other lease terms, the landlord does not have to allow the tenant to cure the violation. In this case, the landlord may issue a 3-day Unconditional Notice to Quit. (NDC § 47-32-02).

Self-help evictions: In North Dakota, as in much of the rest of the U.S., self-help evictions are illegal. Rather than attempting to remove the tenant via intimidation, changing the locks, or shutting off utilities, landlords should always follow legal eviction procedures to remove the tenant.

Lease abandonment: If a tenant abandons the property and ends the lease early, they may need to pay rent for the rest of the lease term or until the landlord finds a new tenant. However, tenants may legally break the lease in some cases. These include starting active-duty military service (Servicemembers’ Civil Relief Act), experiencing domestic violence (NDC § 47-16-17.1), or facing landlord harassment.