North Dakota Habitability & Repair Rights
At a glance
What landlords must maintain in North Dakota
Structural soundness; weatherproofing; plumbing; running water; heat; electrical; compliance with housing codes.
How to request repairs in North Dakota
- 1Document the problem. Take dated photos or video of the issue. Note when it started.
- 2Send written notice. Email or certified mail with a clear description of the problem and the date. Keep a copy. State that you expect repairs within 30 days per North Dakota law.
- 3Wait the required period. Give the landlord 30 days to respond and begin repairs.
- 4If no action, choose a remedy. Repair-and-deduct (up to Lesser of $1,000 or 2 months' rent), terminate the lease, or sue for damages and rent abatement.
North Dakota law details
North Dakota requires landlords to maintain habitable premises (§ 47-16-13). Tenant gives 30 days' notice; if uncured, tenant may repair-and-deduct capped at $1,000 or 2 months' rent. Rent withholding is not a recognized remedy. Retaliation prohibited (§ 47-16-13.4).
Cite: N.D. Cent. Code §§ 47-16-13, 47-16-13.1, 47-16-13.4
Common questions about habitability in North Dakota
What conditions make an apartment uninhabitable in North Dakota?
In North Dakota, the following conditions may make a unit legally uninhabitable: Structural soundness; weatherproofing; plumbing; running water; heat; electrical; compliance with housing codes. If your landlord fails to maintain these conditions, you may have legal remedies.
How do I request repairs from my landlord in North Dakota?
Always submit repair requests in writing — email or certified letter — so you have a dated record. In North Dakota, landlords have 30 days to make repairs after receiving written notice. Keep copies of all communications and take photos documenting the problem and its date.
Can I repair my North Dakota apartment myself and deduct it from rent?
Yes — North Dakota allows repair-and-deduct. After giving 30 days' written notice and waiting for the landlord to act, you may hire a contractor and deduct the cost from rent. The cap is: Lesser of $1,000 or 2 months' rent. Get itemized receipts and keep a copy of your notice to the landlord.
Can I withhold rent in North Dakota if my landlord won't fix problems?
North Dakota does not have a clear statutory rent-withholding procedure. Simply stopping rent payment without court authorization puts you at risk of eviction for non-payment. Your options are to terminate the lease for constructive eviction or sue for damages and rent reduction.
Can my North Dakota landlord retaliate against me for complaining about repairs?
No. North Dakota statute prohibits landlord retaliation for habitability complaints, repair requests, or contacting housing authorities. If your landlord raises rent, reduces services, or starts eviction proceedings shortly after you made a habitability complaint, you may have a retaliation defense. Document everything and consult a local tenant's rights organization.