Deposit laws by state › North Dakota

State law · North Dakota

North Dakota security deposit law

How long your landlord has to return your deposit, what they can deduct, and what happens if they get it wrong.

Checked against N.D. Cent. Code § 47-16-07.1 on October 25, 2026 · By Michael

Short answer: Within 30 days after the lease ends and the tenant returns possession, the landlord must return the deposit or give an itemized notice of anything withheld.

Return deadline30 days
Possible penaltyThree times the amount withheld without justification
Small-claims limit$15,000
Deposit limit1 month's rent

How long does a landlord have to return a security deposit in North Dakota?

Return deadline
Within 30 days after the lease ends and the tenant returns possession, the landlord must return the deposit or give an itemized notice of anything withheld.N.D. Cent. Code § 47-16-07.1
Itemized list
Any amount withheld must be itemized within the same 30 days.N.D. Cent. Code § 47-16-07.1

Prefer a full page? Use the security deposit deadline calculator.

What happens if a North Dakota landlord misses the deadline?

If the landlord misses it
North Dakota's remedy is treble damages rather than a stated forfeiture.N.D. Cent. Code § 47-16-07.1
Penalty
A landlord is liable for treble damages for any deposit money withheld without reasonable justification.N.D. Cent. Code § 47-16-07.1

Penalties that depend on bad faith or willfulness are possible, not automatic. Only a judge can make that finding.

What can a North Dakota landlord deduct from your deposit?

What can be deducted: Damage from deterioration or injury caused by the tenant's pet or by the negligence of the tenant or guests, unpaid rent, and cleaning or repair the tenant is responsible for. (N.D. Cent. Code § 47-16-07.1(3))

Normal wear and tear: Reasonable wear and tear is excepted from cleaning and repair charges. (N.D. Cent. Code § 47-16-07.1(3))

Cleaning: Cleaning may be charged as needed to return the unit to its condition when the tenant moved in, reasonable wear and tear excepted. (N.D. Cent. Code § 47-16-07.1(3))

What the itemized list must include: Deductions must be itemized. (N.D. Cent. Code § 47-16-07.1(4))

More on common charges: normal wear and tear, cleaning, painting, and a missing itemized list.

Is there a limit on security deposits in North Dakota?

A landlord may not demand or receive a deposit of more than one month's rent. (N.D. Cent. Code § 47-16-07.1(1))

Up to two months' rent is allowed for tenants with certain prior histories, such as a judgment for violating an earlier lease, and a separate pet deposit of up to $2,500 or two months' rent, whichever is greater, is allowed.

Deadlines and steps on your side

North Dakota also sets rules for tenants. Missing one of these can cost you part of your claim, so check them early.

Move-in condition report: At the start of the lease, the landlord must give a statement (check-in sheet) of the unit's condition, signed by landlord and tenant. (N.D. Cent. Code § 47-16-07.2)

Taking a deposit case to small claims court in North Dakota

Small-claims limit: North Dakota small claims covers claims up to $15,000. (North Dakota Courts)

Most deposit disputes never get that far. A clear demand letter, sent by certified mail, often settles them first.

What to do if your North Dakota landlord kept your deposit

  1. Pin down your dates. When you moved out, returned the keys, and gave a forwarding address in writing. Compare them with the deadline above.
  2. Gather your evidence. Move-in and move-out photos, the lease, the landlord's list of deductions, receipts and messages. The case checklist covers what matters.
  3. Send a demand letter by certified mail. Ask for the money, cite North Dakota's rules, and give a deadline to pay. What a demand letter does.
  4. If they still don't pay, consider small claims court. You don't need a lawyer there.

Get a demand letter built on North Dakota's rules

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Sources

These rules come from the same verified table the Demand Letter Companion uses, checked against the sources below on October 25, 2026. Laws change; check the current official text before relying on a date.

Other states: see the guides for all 50 states and DC

This page is general legal information, not legal advice. Local ordinances can add rules, and your lease and facts matter. For advice about your situation, consult a licensed attorney in North Dakota.