North Dakota security deposit law
Source: N.D. Cent. Code §§ 47-16-07.1, 47-16-07.2 · Checked against the statute
- Maximum deposit
- One month's rent, however labeled. Up to 2 months' rent is allowed from a tenant convicted of a felony, or one with a judgment for violating a prior rental agreement. A separate pet deposit may be up to $2,500 or 2 months' rent, whichever is greater (not for service or assistance animals).
- Return deadline
- 30 days after the tenant gives up the unit
- If the landlord keeps it wrongly
- A landlord who withholds deposit money without reasonable justification owes treble damages (§ 47-16-07.1(4)).
Calculate your North Dakota deadline
Choose your state and move-out date to see when your landlord must return the deposit.
When the deposit must be returned
- Within 30 days after the lease ends and the tenant gives up possession, deliver or mail the itemization, the amount due and a written notice of any amount still owed or the refund due.
Deliver or mail to the last address the tenant gave the landlord. Amounts not claimed within one year after the lease ends are reported as unclaimed property.
Itemized list of deductions
Required: Yes. Any part of the deposit not refunded must be itemized, with a written notice stating any amount still due the landlord or the refund due the tenant.
What can and can't be deducted
The deposit may cover damage from the tenant's pet or negligence (or a guest's), unpaid rent, and cleaning or repairs needed to restore the unit to its move-in condition, reasonable wear and tear excepted.
Nonrefundable fees
The statute is silent on nonrefundable fees. All security, however labeled, counts toward the cap and must be refunded with interest, less allowed deductions.
Interest, bank account and move-in inspection
- Interest required: Yes. The deposit must be in a federally insured interest-bearing account, and accrued interest goes to the tenant when the lease ends. No interest is owed if the tenancy lasted less than 9 months.
- Separate account required: Yes. The deposit must be kept in a federally insured interest-bearing savings or checking account for the tenant's benefit.
- Move-in inspection required: Yes. At signing, the landlord must give the tenant a statement of the condition of the premises, agreed to and signed by both. It is prima facie proof of the condition at the start (§ 47-16-07.2).
Penalties and bad faith
A landlord who withholds deposit money without reasonable justification owes treble damages (§ 47-16-07.1(4)).
Treble damages apply when money is withheld 'without reasonable justification.' The statute sets no other presumption.
Getting your deposit back in court
Small claims court up to $15,000. Court information
Before filing, many tenants send a written demand first. Write a North Dakota demand letter →
Also good to know
- On a sale, the deposit and interest must be transferred to the buyer. The seller stays liable until it is transferred, and the owner at lease end is bound.
- These rules also apply when the state or a political subdivision is the landlord.
- A tenant who ends a lease because it was based on fraud gets the deposit back with interest (§ 47-16-07.4).
- A 2025 bill (HB 1272) to add move-in/move-out inspection rules failed in the House.
Sources
- N.D. Cent. Code ch. 47-16 (§§ 47-16-07.1, 07.2, 07.4) Retrieved October 11, 2026.
- HB 1272 (2025) overview Retrieved October 11, 2026.
- ND Courts: Small Claims Retrieved October 11, 2026.
Laws change. This page was checked against the sources above on October 11, 2026. It is legal information, not legal advice; see our methodology.