North Dakota Security Deposit Law

By Oleg Kachko · Updated June 10, 2026

✓ Law Verified June 2026

This guide explains north dakota security deposit law in plain English — how much your landlord can charge, when they must return it, what they can and cannot deduct, and what to do if they do not give it back. All figures are from North Dakota law, verified as of June 2026.

In This North Dakota Guide:

Key Rules
Allowable Deductions
How to Get It Back
Official Sources

North Dakota Security Deposit Rules at a Glance

Maximum deposit	One month’s rent for most tenants. A landlord may charge up to two months’ rent if the tenant has a felony conviction or a prior court judgment for violating a rental agreement. For pets (not service or companion animals), the landlord may charge an additional pet deposit up to the greater of 2500 or two months’ rent. (NDCC 47-16-07.1)
Return deadline	30
Itemized deductions required	YES. The landlord must deliver or mail a written itemized list of all deductions, along with any remaining deposit balance, to the tenant’s last known address within 30 days after the lease ends and the tenant surrenders possession. (NDCC 47-16-07.1)
Interest on deposit required	YES, if the tenancy lasts nine months or longer. The landlord must pay interest at a rate equal to the Federal Reserve discount rate as of January 1 of that year. No interest is required if the tenancy is less than nine months. (NDCC 47-16-07.1)
Penalty for late/bad-faith return	If a landlord retains any portion of the security deposit in bad faith or without reasonable justification, the tenant may be awarded up to treble (triple) the amount wrongfully withheld, plus court costs. (NDCC 47-16-07.1)

Move-in/move-out walkthrough: North Dakota does not require a formal move-out walkthrough inspection. However, under NDCC 47-16-07.2, the landlord must provide a written check-in statement describing the condition of the premises at the start of the lease, which must be signed by both landlord and tenant. Tenants are strongly encouraged to document the unit’s condition with photos and a written checklist at both move-in and move-out to protect their deposit.

Separate deposit account: YES. The landlord must deposit the security deposit money in a federally insured interest-bearing savings or checking account for the benefit of the tenant. (NDCC 47-16-07.1)

What Your Landlord Can and Cannot Deduct in North Dakota

Unpaid rent, damage to the property beyond normal wear and tear, cleaning costs to restore the unit to its condition at the start of the lease (excluding normal wear and tear), and other lease violations that cause financial loss to the landlord. The landlord may not deduct for normal wear and tear.

Normal wear and tear vs damage: North Dakota does not provide a statutory definition of normal wear and tear, but it is generally understood as deterioration that occurs naturally from ordinary, reasonable use without tenant negligence. Examples include minor carpet wear, small nail holes, faded paint, slightly loose door handles, and light scuffing.

Damage from abuse, neglect, or misuse (large holes in walls, broken fixtures, pet damage, burn marks, stains) is tenant damage, not normal wear.

How to Get Your Deposit Back in North Dakota

If a tenant believes deductions are wrongful, they should first send a written demand letter to the landlord explaining the dispute and requesting return of the improperly withheld amount. If the landlord does not respond or refuses, the tenant may file a claim in North Dakota Small Claims Court (limit of 15000). The tenant may seek up to triple the amount wrongfully withheld plus court costs.

Many tenants find it helpful to include copies of the check-in statement, move-out photos, and the landlord’s itemized deduction list as evidence. Tenants may also contact the North Dakota Attorney General’s Consumer Protection Division or Legal Services of North Dakota for guidance.

Other North Dakota deposit rules: Under NDCC 47-16-07.2, the landlord must provide a check-in statement describing the condition of the premises at lease signing, signed by both parties — this document is critical for deposit disputes. North Dakota also allows landlords to charge a separate pet deposit (up to the greater of 2500 or two months’ rent) that is distinct from the standard security deposit.

The pet deposit rule does not apply to service animals or companion animals required by a tenant with a disability. Additionally, the interest rate on deposits held nine months or longer is tied to the Federal Reserve discount rate as of January 1 each year, meaning it fluctuates annually.

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Official North Dakota Sources & Resources

North Dakota Attorney General: https://attorneygeneral.nd.gov/consumer-resources/tenant-rights/
North Dakota Security Deposit Statute: https://ndlegis.gov/cencode/t47c16.html
U.S. Department of Housing and Urban Development: hud.gov
Cornell Legal Information Institute: law.cornell.edu/wex

Understanding North Dakota Security Deposit Law

Your North Dakota security deposit is your money until the landlord proves a lawful deduction. North Dakota security deposit law sets clear limits on how much can be charged, what can be deducted, and when the balance must be returned. If your landlord misses the North Dakota security deposit return deadline or takes deductions that are not allowed, you may be entitled to penalties.

Document the condition of your unit at move-in and move-out — photos are the best protection for your North Dakota security deposit.

This North Dakota security deposit guide was last verified against official sources in June 2026. Laws change — verify with your state or a local legal-aid office.

More North Dakota Tenant Rights Guides

Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.

Renting? Protect your belongings — compare renters insurance at Home Insure Guide. Divorce involving a lease? See Divorce Help Guide. Unsafe housing / toxic mold injury? Some cases qualify — see Mass Tort Info.

North Dakota Security Deposit Law — Limits & Deadlines (2026)