N.D.C.C. §§ 47-16-01 through 47-16-30.1, 47-16-31 through 47-16-35, 47-16-42 § 47-16-07.1
Real property and dwelling security deposits - Limitations and requirements.
Operative Text
47-16-07.1. Real property and dwelling security deposits - Limitations and
requirements.
1. The lessor of real property or a dwelling who requires money as a security deposit,
however denominated, shall deposit the money in a federally insured interest-bearing
savings or checking account for the benefit of the tenant. The security deposit and any
interest accruing on the deposit must be paid to the lessee upon termination of a
lease, subject to the conditions of subsection 2. A lessor may not demand or receive
security, however denominated, in an amount or value in excess of one month's rent,
except:
a. A lessor may accept an amount or value up to two month's rent, as security, from
an individual convicted of a felony offense as an incentive to rent the property to
the individual.
b. A lessor may demand an amount or value up to two months rent, as security,
from an individual who has had a judgment entered against that individual for
violating the terms of a previous rental agreement.
2. A lessor may charge a lessee a pet security deposit for keeping an animal that is not a
service animal or companion animal required by a tenant with a disability as a
reasonable accommodation under fair housing laws. A pet security deposit may not
exceed the greater of two thousand five hundred dollars or an amount equivalent to
two months' rent.
3. A lessor may apply security deposit money and accrued interest upon termination of a
lease towards:
a. Any damages the lessor has suffered by reason of deteriorations or injuries to the
real property or dwelling by the lessee's pet or through the negligence of the
lessee or the lessee's guest.
b. Any unpaid rent.
c. The costs of cleaning or other repairs which were the responsibility of the lessee,
and which are necessary to return the dwelling unit to its original state when the
lessee took possession, reasonable wear and tear excepted.
Application of any portion of a security deposit not paid to the lessee upon termination
of the lease must be itemized by the lessor. Such itemization together with the amount
due must be delivered or mailed to the lessee at the last address furnished lessor,
along with a written notice within thirty days after termination of the lease and delivery
of possession by the lessee. The notice must contain a statement of any amount still
due the lessor or the refund due the lessee. A lessor is not required to pay interest on
security deposits if the period of occupancy was less than nine months in duration. Any
amounts not claimed from the lessor by the lessee within one year of the termination
of the lease agreement are subject to the reporting requirements of section
47-30.2-04.
4. A lessor is liable for treble damages for any security deposit money withheld without
reasonable justification.
5. Upon a transfer in ownership of the leased real property or dwelling, the security
deposit and accrued interest shall be transferred to the grantee of the lessor's interest.
The grantor shall not be relieved of liability under this section until transfer of the
security deposit to the grantee. The holder of the lessor's interest in the real property
or dwelling at the termination of a lease shall be bound by this section even though
such holder was not the original lessor who received the security deposit.
6. This section applies to the state and to political subdivisions of the state that lease real
property or dwellings and require money as a security deposit.North Dakota Century Code § 47-16-07.1 establishes rules governing how security deposits on rental property must be handled. Landlords must hold deposits in a federally insured interest-bearing account, cap the deposit at one month's rent in most cases (with limited exceptions for felony convictions or prior lease-violation judgments), and return the deposit with accrued interest within thirty days of lease termination—minus any properly itemized deductions for damages, unpaid rent, or necessary cleaning. A separate pet deposit is permitted up to the greater of $2,500 or two months' rent, and landlords who withhold deposits without reasonable justification face liability for treble damages.
Plain English — not legal advice.
Operators subject to § 47-16-07.1 generally maintain security deposits in a federally insured interest-bearing savings or checking account held for the tenant's benefit throughout the tenancy. Compliant landlords keep the deposit at or below one month's rent unless a specific statutory exception applies—such as renting to an individual with a prior felony conviction or a prior lease-violation judgment—and document any pet deposit separately, ensuring it does not exceed the statutory ceiling. Upon lease termination, operators typically provide a written itemization of any deductions along with any refund due, delivered or mailed to the tenant's last known address within the thirty-day window required by § 47-16-07.1, and transfer the full deposit to a new owner if the property changes hands before that deadline.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 47-16-07.1, tenants have a right to receive their security deposit—along with any accrued interest (if the tenancy lasted nine months or more)—back within thirty days of lease termination and return of possession, accompanied by a written itemization of any amounts the landlord has withheld. If a landlord withholds deposit funds without reasonable justification, the statute exposes that landlord to liability for treble damages, which tenants may be able to raise as a claim or defense in a civil proceeding. Tenants who believe their deposit has been improperly withheld can document the condition of the unit at move-out, preserve copies of all correspondence, and consult a tenant-rights organization or legal aid office familiar with North Dakota law for guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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