North Dakota Security Deposit Laws
How to get your security deposit back on a rental in North Dakota.
Written by Bee Davis
Reviewed by Melanie Reiff
North Dakota landlords may charge one month's rent for a security deposit. For pet deposits, they are permitted to charge up to two months' rent or $2,500—whichever is the larger sum. By
North Dakota
law, your landlord has 30 days to return your deposit to you after you move out. If you’re a long-time renter, you’re familiar with security deposits, but the laws around security deposits and what exactly your landlord can do varies by state.
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What is North Dakota law on security deposits?
Landlords in North Dakota are allowed to charge a security deposit to cover potential damages that could occur in the unit during your tenancy. You can expect to get your money back once you move out—unless you violate the terms of your lease.
North Dakota statute
47-16-07.1
has explicit information on renting, lease agreements, and security deposits. What is the maximum security deposit a landlord can charge in North Dakota?
Landlords in North Dakota can only charge a month’s rent for a security deposit unless you’re a convicted felon or have violated a previous lease. People with felony charges or previous trouble with leases can be charged with two months' rent as a deposit.
However, the North Dakota pet policy is more complicated. North Dakota statute allows landlords to charge up to two months' rent OR $2,500 (whichever is greater) for pets.
How long does a landlord have to return a security deposit in North Dakota?
According to North Dakota law, landlords have 30 days after the termination of the lease to return the security deposit to the renter. If your landlord has made deductions to cover damages, you should receive an itemized list of deductions that details what they used the money for.
Remember—failing to provide an itemized list of deductions is against the law. Landlords can’t just take your deposit and not tell you why. If they haven’t given you a list of deductions 30 days after your lease is terminated, they forfeit their right to the deposit.
Key Takeaway: Landlords have 30 days to return your deposit with an itemized list of deductions.
What can a landlord withhold a security deposit for in North Dakota?
Upon termination of your lease, the owner can deduct any remaining rent due from your deposit. After that, they can deduct what’s referred to as “damages”. In this context, damages are different than general “wear and tear”. Here’s the difference:
- Wear and tear includes things like replacing appliances, maintaining facilities, and refurbishing floors, all of which go through normal deterioration through repeated use.
- Damages are things like broken windows, pet stains, holes in the wall, anything that causes damage to the unit during your tenancy. If you’re moving out of your apartment, assess whether there are any signs of abuse or neglect on your part that could lose you your deposit.
Landlords can also charge cleaning fees if you leave a mess when you move out. Consider doing a thorough deep clean of your unit before you move to avoid the extra fee for cleaning services.
Key Takeaway: Security deposits cover unpaid rent, damages, and cleaning fees, not general wear and tear.
How to get your security deposit back in North Dakota
Let’s say you’ve waited the required 30 days since moving out and you have yet to see your deposit. Not cool! What’s your next step?
Start by contacting your landlord in writing to keep a record of communication. It’s possible your deposit was sent but got lost in the mail or sent to the wrong address. Whatever mistake was made, it’s good to have written communication between you and your landlord in case you have a greater dispute.
For example, having proof of communication between you and the owner will come in handy if you have to take them to
small claims court
. If your landlord has kept your money and provided no itemized list of deductions, it might be a good idea to involve the law.How to save money on car and renters insurance in North Dakota
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Can I use my security deposit as the last month’s rent in North Dakota?
Yes! Your landlord can deduct your last month of rent from your deposit upon termination of your lease.
Can a landlord charge for carpet cleaning in New Mexico?
Yes, a comprehensive cleaning fee may include carpet cleaning services. You can look for such services on your itemized list of deductions.
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