North Dakota Lease Agreement: What to Include
June 1, 2025A North Dakota residential lease needs to reflect this state's actual rules on security deposits, entry notice, late fees, and required disclosures — not a generic template written for a different state. The figures below come from North Dakota's residential landlord-tenant statute; where the state sets no fixed number, that's stated plainly rather than glossed over, since "the state doesn't specify" is itself something you need to know.
Security deposit
Security deposit limit: 1 month rent generally; exceptions for pets/risks may apply. North Dakota requires landlords to pay interest on held deposits — check the current statutory rate and any escrow requirements before you hold tenant funds. Return deadline after move-out: 30 Days.
Entry notice, late fees, and rent increases
Entry notice: No statewide fixed hours; reasonable notice recommended. Late fees: No statewide fixed cap; should be reasonable and stated in lease; no statewide grace period requirement. Rent increase notice for month-to-month tenancies: 30 days. (Entry notice citation: No fixed statutory notice period.)
Required disclosures
A North Dakota lease should include or accompany:
- • Federal lead-based paint
- • move-in statement recommended/required for deposit claims
Eviction notice for nonpayment
For nonpayment of rent, North Dakota's standard notice period is 3 days. This is the minimum notice before you can move to the next step in the eviction process — actual court timelines run longer once a case is filed. (Eviction notice citation: N.D. Cent. Code § 47-32-01.1 (3 days).)
What actually distinguishes North Dakota
North Dakota caps the security deposit at: 1 month rent generally; exceptions for pets/risks may apply.
North Dakota is one of a smaller group of states that requires landlords to pay tenants interest on held security deposits — factor that into how you hold the funds.
There's no statewide statutory notice period for landlord entry in North Dakota, which means the lease is the only thing establishing that expectation — silence in the lease leaves it genuinely undefined.
At 3, North Dakota's notice period for nonpayment is on the short end nationally — landlords can move to the next step quickly, but that also means less room for a paperwork mistake to cost you time.
Sources and the bottom line
The figures above reflect North Dakota's residential landlord-tenant statute as summarized on LeasePilot HQ's North Dakota landlord-tenant law page, which lists the specific sources behind each number. Security deposit rules specifically are codified at N.D. Cent. Code § 47-16-07.1 (1 month standard, 2 months if felony/prior judgment), with the return deadline set by N.D. Cent. Code § 47-16-07.1 (30 days). Primary and cross-reference sources used in compiling this page:
- • https://ipropertymanagement.com/laws/security-deposits
- • https://www.justia.com/real-estate/landlord-tenant/information-for-landlords/right-of-entry/
- • https://www.nolo.com/legal-encyclopedia/state-landlord-tenant-laws
State landlord-tenant law changes through legislative sessions and court decisions — treat the numbers above as a starting point, verify against North Dakota's current statute (linked above) before relying on them for an actual lease, and see LeasePilot HQ's full North Dakota landlord-tenant law summary for the complete breakdown, or generate a lease with North Dakota-specific clauses built in automatically.
Frequently Asked Questions
How much can I charge as a security deposit in North Dakota?
1 month rent generally; exceptions for pets/risks may apply. Interest is owed on the deposit — check the current statutory rate.
How much notice do I need to evict a tenant for nonpayment in North Dakota?
3 days notice before filing, under North Dakota's standard nonpayment procedure. Court timelines add additional time once a case is filed.
What disclosures does North Dakota require in a lease?
At minimum: Federal lead-based paint, move-in statement recommended/required for deposit claims. Cities and counties can require additional disclosures on top of state law.