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Last Updated: January 10, 2022 by Elizabeth Souza

In North Dakota, if rent is exchanged for inhabiting a property, then both tenants and landlords have certain rights and responsibilities under state law, such as the right to a habitable dwelling and for rent to be collected and sent in a timely manner.

Note: These rights exist with or without a written lease agreement and regardless of whether an agreement states otherwise.

Under North Dakota law, landlords have the responsibility to provide a habitable dwelling and to make requested repairs in a reasonable amount of time, although the term reasonable is not further defined. If landlords do not make requested repairs in a reasonable amount of time, then tenants can seek money damages by filing an action in Small Claims Court to obtain rent rebate.

Landlords in North Dakota may or may not be responsible for the following:

It is illegal for a landlord to evict a tenant in retaliation for exercising their right to a habitable dwelling (i.e. filing a health or safety code violation).

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Apart from paying rent prompt and on-time, North Dakota tenants must:

Evictions in North Dakota are generally pursued for 3 major reasons:

It is illegal for landlords to evict tenants in retaliation or as a form of discrimination or for disclosing status as a domestic abuse victim.

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Notice requirements. Tenants who wish to break a periodic lease must provide the following amounts of notice.

Early termination. North Dakota tenants can break a lease early legally for the following reasons:

North Dakota tenants may still be liable for paying the remainder of the rent. Landlords are also required to make a reasonable effort to re-rent a unit.

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Protected groups. The Fair Housing Act prohibits discrimination in housing based on race, color, national origin, sex, familial status, religion, or disability. This law does not apply to homes operated by religious organizations and owner-occupied homes. State law adds further legal protections for marital status, receipt of public assistance, or status as a domestic abuse victim.

Discriminatory acts & penalties. North Dakotas Department of Labor and Human Rights handles cases related to housing discrimination. The following actions have been noted as possible discriminatory when directed at a member of a protected class:

If you are a victim of housing discrimination then you can file a complaint with the Department of Labors website. If the complaint is found to be justified, the department may regulate a landlords ability to rent and findings can be used as the basis for civil litigation.

Landlords are required to give reasonable notice before entering a property though the law does not specify a minimum timeframe. Landlords and tenants can agree on entry notification policies in the lease. Landlords do not need to give notice to enter in the case of emergencies.

Small claims court in North Dakota will handle rent-related disputes totaling up to $15,000 but will not hear eviction-related cases. The statute of limitations on both oral and written contracts is 6 years.

North Dakota landlords must make these mandatory disclosures:

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North Dakota law does not specify rules regarding changing the locks. Thus, its generally assumed that tenants must get permission from landlords before changing locks. Landlords are forbidden from changing the locks as a form of eviction (lockouts).

To learn more, please refer to the below digital resources.

Small Claims Court Self-Help This article, produced by the North Dakota Court System, outlines all of the information both landlords and tenants need to know before filing a small claims case. This includes a list of all the forms that need to be filled out, as well as the procedural steps that occur after a case has been accepted.

Chapter 47-16 of the North Dakota Century Code This section of the North Dakota civil code details nearly every law and regulation that applies to landlords and tenants in the state. This includes statutes not covered in this guide, including how abandoned units may be recovered and several supplementary protections afforded to domestic abuse victims.

Eviction for Landlords The North Dakota Court System has published this article to outline how formal eviction orders are handled at a judicial level. This article may be invaluable to a landlord who is seeking to evict a tenant, too, because it includes links to all of the forms that must be filed with a civil court in order for an eviction case to be accepted.

Read the rest here:
North Dakota Landlord Tenant Rights - iPropertyManagement.com