Landlord repairs in North Dakota

A residential landlord must comply with building and housing codes materially affecting health and safety, make all repairs and do whatever is necessary to put and keep the premises fit and habitable, and keep common areas clean and safe. Where the housing-code duty is greater, it controls. (N.D. Cent. Code § 47-16-13.1(1), (3))

North Dakota law names these:

• clean and safe common areas
• electrical, plumbing, sanitary, heating, ventilating, air-conditioning and supplied appliances (including elevators) in good and safe working order
• garbage and waste receptacles and removal
• running water
• reasonable amounts of hot water at all times
• reasonable heat (unless supplied by a tenant-controlled installation or interrupted by a public utility supply failure)

The statute requires notice from the tenant of the needed repairs but does not say it must be in writing. The state courts' self-help guide advises keeping a list of dates the tenant spoke with the landlord or staff about problems. (N.D. Cent. Code § 47-16-13)

The landlord has a reasonable time after the tenant's notice to make repairs; no number of days is set.

Law: N.D. Cent. Code §§ 47-16-13, 47-16-13.1(2)

Allowed. If the landlord neglects, within a reasonable time after the tenant's notice, to repair dilapidations the landlord should fix, the tenant may repair them and deduct the cost from rent, or recover the cost in another lawful way. The statute sets no dollar cap or frequency limit. The state courts' self-help guide says that in a nonpayment eviction a tenant who repaired and deducted may dispute the amount of rent claimed, and should bring receipts, dated photos and records of contacts with the landlord.

Law:

N.D. Cent. Code § 47-16-13(1)-(2)

Not allowed. No statute allows rent withholding. The North Dakota courts' self-help guide says there is no defense for nonpayment of rent even when the landlord failed to make needed repairs in a reasonable time, except that a tenant who lawfully repaired and deducted may challenge the amount claimed.

Law:

North Dakota Legal Self Help Center, Eviction for Tenants Informational Guide (rev. Dec. 2025)

Allowed. If the landlord neglects repairs within a reasonable time after notice, the tenant may vacate and is then discharged from further rent and other lease conditions. The tenant may also end the lease early when the landlord does not put the property into good condition or repair it within a reasonable time after request.

Law:

N.D. Cent. Code §§ 47-16-13(3), 47-16-17(1)

Any right under §§ 47-16-13.1 to 47-16-13.6 is enforceable by court action; the aggrieved party may recover damages (with a duty to mitigate), and the court may award reasonable attorney's fees to the prevailing party.

North Dakota has no general statute barring retaliation for repair requests or code complaints. The only rental anti-retaliation provision found protects tenants who end a lease because of domestic violence (N.D. Cent. Code § 47-16-17.1(10)). (N.D. Cent. Code § 47-16-17.1(10))

• The North Dakota Attorney General's tenant page says the landlord must install smoke detectors in each unit and may not lock out the tenant or cut off utilities; the AG cannot take or mediate landlord-tenant complaints.
• In a single-family home the parties may agree in writing, in good faith, that the tenant handles garbage, heat and hot water and specified repairs (§ 47-16-13.1(4)).

• North Dakota repair request letter (free, runs in your browser)
• Breaking a lease in North Dakota: notice periods and early-termination rights
• North Dakota eviction notice rules: what a notice for unpaid rent requires

• N.D. Cent. Code ch. 47-16 (Leasing of Real Property) Retrieved October 14, 2026.
• North Dakota Attorney General, Tenant Rights Retrieved October 14, 2026.
• North Dakota Legal Self Help Center, Eviction for Tenants Informational Guide (rev. Dec. 2025) Retrieved October 14, 2026.

Laws change. This page was checked against the sources above on October 14, 2026. It is legal information, not legal advice; before withholding rent or ending a lease, contact your state's legal aid. See our methodology.