N.D.C.C. §§ 47-16-01 through 47-16-30.1, 47-16-31 through 47-16-35, 47-16-42 § 47-16-30.1
Abandoned property - Disposal by lessor.
Operative Text
47-16-30.1. Abandoned property - Disposal by lessor.
Property with a total estimated value of not more than two thousand five hundred dollars
which is left on the premises of a leased dwelling may be retained by the lessor and disposed of
without legal process twenty-eight or more days after the lessor received actual notice that the
lessee has vacated the premises or twenty-eight or more days after it reasonably appears to the
lessor that the lessee has vacated the premises. The lessor is entitled to the proceeds from the
sale of the property. The lessor may recover, from the lessee's security deposit, any storage and
moving expenses in excess of the proceeds from the sale incurred in disposing of the property.
If the lessor removes the abandoned property from the dwelling unit after a judgment of eviction
has been obtained and the special execution has been served, the lessor has a lien upon the
property for the reasonable amount of any storage and moving expenses and may retain
possession of the property until the charges have been paid. The lien does not have priority
over a prior perfected security interest in the property.Under N.D.C.C. § 47-16-30.1, when a tenant leaves personal property behind in a rental unit and the total estimated value of that property does not exceed $2,500, the landlord is permitted to keep or dispose of it without going to court — but only after waiting at least 28 days from the point the landlord actually knew or reasonably concluded the tenant had vacated. The landlord is entitled to any proceeds from selling the property, and may draw on the tenant's security deposit to cover storage or moving costs that exceed those proceeds. If the property is removed following a court-ordered eviction, the landlord holds a lien on the property for reasonable storage and moving expenses, though that lien does not take priority over any previously perfected security interest.
Plain English — not legal advice.
Operators dealing with property left behind after a tenant vacates should be aware that § 47-16-30.1 sets a firm 28-day waiting period before any low-value abandoned property (estimated at $2,500 or less) may be disposed of without a court order. Compliant operators typically document the date they received actual notice of vacancy — or the date it reasonably appeared the unit was vacated — and keep records of any storage or moving costs incurred, since those expenses may be recoverable from the security deposit to the extent they exceed sale proceeds. When removal follows a formal eviction judgment and served special execution, operators generally maintain possession of the property and document the lien for storage and moving charges until those costs are satisfied, while remaining mindful that a prior perfected security interest in the property takes precedence over that lien.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 47-16-30.1, tenants have an implicit protection in the mandatory 28-day waiting period before a landlord may dispose of personal property valued at $2,500 or less that was left in a vacated unit — the clock starts only when the landlord actually knew or reasonably concluded the unit was vacated. Tenants should be aware that any security deposit funds may be applied toward storage and moving costs the landlord incurs beyond what sale proceeds cover, which can affect how much of a deposit is returned. Tenants who believe their property was disposed of prematurely or that their security deposit was improperly charged may consider contacting a tenant-rights organization, reviewing North Dakota's landlord-tenant statutes, or consulting a legal aid office to understand available remedies.
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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