Security Deposit Laws in North Dakota
How long does a landlord have to return a security deposit in North Dakota?
Under N.D. Cent. Code § 47-16-07.1, a landlord in North Dakota has 30 days after you move out to either return your full security deposit or provide an itemized statement of deductions along with any remaining balance.
Important North Dakota-specific details
Standard cap: 1 month's rent. Landlord may charge up to 2 months' rent from: (a) someone convicted of a felony offense, or (b) someone with a prior judgment for violating a lease. Pet deposit allowed separately, up to the GREATER of $2,500 or 2 months' rent (cannot be charged for service animals).
What happens if the landlord misses the deadline in North Dakota?
Missing the deadline has real consequences for landlords in North Dakota. Under the statute, the penalty is: Landlord who withholds a deposit without reasonable justification is liable for 3x (treble) damages plus attorney's fees. Failure to return within 30 days forfeits the right to retain any portion.
In practice, this means if your landlord doesn't return the deposit (or a proper itemized statement) within 30 days, you likely have a strong case in small claims court.
What can the landlord legally deduct from your deposit in North Dakota?
North Dakota law generally allows landlords to deduct for:
- Unpaid rent
- Damage to the unit beyond normal wear and tear — holes in walls, broken fixtures, stains, pet damage
- Cleaning costs, if the unit is left noticeably dirtier than at move-in
- Breach-of-lease costs, such as early termination fees where legally permitted
Landlords cannot deduct for normal wear and tear — faded paint, worn carpet from regular use, minor scuffs, or small nail holes from hanging pictures.
Calculator: check your deposit situation
Enter your move-out date and deposit amount below to see exactly when your landlord's deadline is — and whether they've already missed it.
Security Deposit Return Calculator
Find out when your landlord must return your deposit and what they're legally allowed to deduct.
What to do if your landlord won't return your deposit in North Dakota
- Send a demand letter by certified mail. Cite N.D. Cent. Code § 47-16-07.1 and the amount owed. Keep a copy and the delivery receipt.
- Give the landlord a reasonable response window — typically 7 to 14 days after the demand letter.
- File in small claims court. In most states you can sue for up to $5,000–$10,000 without a lawyer. Filing fees are usually $30–$75 and often recoverable as costs.
- Bring evidence. Lease, move-in and move-out photos, the demand letter, proof of delivery, and any communications with the landlord.
For a complete walkthrough, see our guide: What to Do If Your Landlord Won't Return Your Security Deposit.
North Dakota Security Deposit FAQ
- How long does a landlord have to return a security deposit in North Dakota?
- In North Dakota, landlords must return the security deposit within 30 days of the tenant moving out, per N.D. Cent. Code § 47-16-07.1. They must either return the full deposit or provide an itemized statement of any deductions.
- What is the maximum security deposit a landlord can charge in North Dakota?
- In North Dakota, the maximum security deposit is 1 month of rent under N.D. Cent. Code § 47-16-07.1.
- What happens if my landlord doesn't return my deposit on time in North Dakota?
- In North Dakota, the penalty for wrongfully withholding a security deposit is: Landlord who withholds a deposit without reasonable justification is liable for 3x (treble) damages plus attorney's fees. Failure to return within 30 days forfeits the right to retain any portion. You can sue in small claims court to recover the deposit plus the statutory penalty.
- Does my landlord in North Dakota have to pay interest on my security deposit?
- Yes. North Dakota requires landlords to pay interest on security deposits. Interest required only when the tenant occupies the unit for 9 months or more. Deposit must be held in a federally insured interest-bearing savings or checking account.
- Does my landlord have to itemize deductions from my deposit in North Dakota?
- Yes. North Dakota law requires landlords to provide an itemized statement of any deductions made from your security deposit.