N.D.C.C. §§ 47-16-01 through 47-16-30.1, 47-16-31 through 47-16-35, 47-16-42 § 47-16-07.3
When landlord may enter apartment.
Operative Text
47-16-07.3. When landlord may enter apartment.
A landlord may enter the dwelling unit:
1. At any time in case of emergency or if the landlord reasonably believes the tenant has
abandoned the premises, or the landlord reasonably believes the tenant is in
substantial violation of the provisions of the lease or rental agreement.
2. Only during reasonable hours, and in a reasonable manner, for the purpose of
inspecting the premises; for making necessary or agreed repairs, decorations,
alterations, or improvements; for supplying necessary or agreed services; or for
exhibiting the residential dwelling unit to actual or potential purchasers, insurers,
mortgagees, real estate agents, tenants, workmen, or contractors. Unless it is
impractical to do so the landlord shall first notify and receive the consent of the tenant
which shall not be unreasonably withheld, which consent shall identify a time certain. A
landlord shall not abuse the right of access or use it to harass or intimidate the tenant.
For the purposes of this section, consent shall be presumed from failure to object to access
after notice of intent to enter at a time certain has been given. Notice may be given by personal
service, by posting the notice in a conspicuous place in or about the dwelling unit for a
reasonable period of time, or by any other method which results in actual notice to the tenant.Under N.D.C.C. § 47-16-07.3, a landlord's right to enter a tenant's dwelling unit is divided into two categories. In emergencies, or when the landlord reasonably believes the tenant has abandoned the unit or is in substantial violation of the lease, entry may occur at any time without prior notice. For all other permitted purposes—such as inspections, repairs, improvements, or showing the unit to prospective buyers or tenants—entry must occur during reasonable hours, in a reasonable manner, and generally only after notifying the tenant and receiving consent that identifies a specific time; the landlord is expressly prohibited from using access rights to harass or intimidate.
Plain English — not legal advice.
Property owners and managers operating under N.D.C.C. § 47-16-07.3 generally provide advance notice to tenants before entering for routine purposes such as inspections, repairs, or showings, and they work with tenants to identify a mutually agreed-upon time. Notice can be delivered in person, posted conspicuously at the unit, or communicated through any method that results in actual notice, and a tenant's failure to object after receiving notice of a specific entry time is treated as consent. Compliant operators are careful not to use their access rights as a tool to pressure, harass, or intimidate tenants, and they reserve unannounced entry for genuine emergencies or situations involving abandonment or substantial lease violations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.D.C.C. § 47-16-07.3, tenants have the right to expect that their landlord will seek consent and identify a specific time before entering for non-emergency purposes, and that consent will not be demanded unreasonably. Tenants should be aware that silence after receiving proper notice of a planned entry time can be treated as consent, so responding to notices is generally important. If a tenant believes a landlord is entering without proper notice, using access to harass or intimidate, or otherwise violating this section, options may include documenting incidents, raising the violation as a defense in any related legal proceeding, or contacting a local tenant-rights organization for general guidance.
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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