North Dakota Laws for Landlords.
Your Resource for laws affecting landlords in North Dakota

(Bills and Resources for North Dakota will be released during the course of 2021 and as they become available)

Landlord Legislation in North Dakota

ND 1529 Utility services in mobile home parks, prohibiting retaliation, and eviction proceedings.

Introduced Session

66th Legislative Assembly

Summary
A BILL for an Act to create and enact a new chapter to title 47 of the North Dakota Century Code, relating to utility services in mobile home parks, prohibiting retaliation, and eviction proceedings.
Sponsors
Andrew Marschall Jake Blum Jason Dockter Patrick Hatlestad Ben Koppelman Lisa Meier Kathy Skroch Vicky Steiner David Clemens Scott Meyer Jim Roers
Last Action
Second reading, failed to pass, yeas 5 nays 82
View Details
https://lawsforlandlords.com/bill/nd-2019-1529/

ND 1528 Mobile home lien notices, the amount of time required before a lienholder may sell a mobile home, nonrenewals of at-will leases mobile home lots, and the ability of a mobile home park tenant to cure a nonpayment of rent prior to being evicted.

Introduced Session

66th Legislative Assembly

Summary
A BILL for an Act to amend and reenact sections 35-20-17, 47-17-01, and 47-32-04 of the North Dakota Century Code, relating to mobile home lien notices, the amount of time required before a lienholder may sell a mobile home, nonrenewals of at-will leases mobile home lots, and the ability of a mobile home park tenant to cure a nonpayment of rent prior to being evicted.
Sponsors
Ben Koppelman Thomas Beadle Jason Dockter Patrick Hatlestad Andrew Marschall Lisa Meier Vicky Steiner David Clemens Scott Meyer
Last Action
Second reading, failed to pass, yeas 11 nays 82
View Details
https://lawsforlandlords.com/bill/nd-2019-1528/

ND 1201 The installation of carbon monoxide and smoke detection alarms; to provide a penalty; and to provide an effective date.

Introduced Session

65th Legislative Assembly

Summary
AN ACT to create and enact a new subsection to section 47-16-13.1 of the North Dakota Century Code, relating to landlord responsibilities regarding carbon monoxide detection devices; to amend and reenact section 23-13-15 and subsection 4 of section 54-21.3-03 of the North Dakota Century Code, relating to the installation of carbon monoxide and smoke detection alarms; to provide a penalty; and to provide an effective date.
Sponsors
Gary Sukut Ron Guggisberg Patrick Hatlestad Wayne Trottier Brad Bekkedahl Curtiss Kreun
Last Action
Veto sustained, yeas 49 nays 39
View Details
https://lawsforlandlords.com/bill/nd-2017-1201/

ND 1229 The cost of utility services charged to tenants of a mobile home park; and to provide a penalty.

Introduced Session

65th Legislative Assembly

Summary
A BILL for an Act to create and enact a new chapter to title 47 of the North Dakota Century Code, relating to the cost of utility services charged to tenants of a mobile home park; and to provide a penalty.
Sponsors
Scott Louser Andrew Maragos Roscoe Streyle Oley Larsen
Last Action
Second reading, failed to pass, yeas 16 nays 77
View Details
https://lawsforlandlords.com/bill/nd-2017-1229/

ND 1272 Disability documentation for service or assistance animals in a rental dwelling; and to provide a penalty.

Introduced Session

65th Legislative Assembly

Summary
AN ACT to create and enact section 47-16-07.6 of the North Dakota Century Code, relating to reasonable accommodations for service animals in rental dwelling units; to amend and reenact section 47-16-07.5 of the North Dakota Century Code, relating to disability documentation for service or assistance animals in a rental dwelling; and to provide a penalty.
Sponsors
Kim Koppelman Tom Kading James Kasper Mike Lefor Scott Louser Christopher Olson Howard Anderson David Clemens
Last Action
Signed by Governor 04/13
View Details
https://lawsforlandlords.com/bill/nd-2017-1272/

ND 1217 The rental of a dwelling to a victim of domestic violence.

Introduced Session

64th Legislative Assembly

Summary
AN ACT to amend and reenact sections 14-02.5-02 and 47-16-17.1 of the North Dakota Century Code, relating to the rental of a dwelling to a victim of domestic violence.
Sponsors
Lois Delmore William Kretschmar Kris Wallman Kelly Armstrong Judy Lee Carolyn Nelson
Last Action
Signed by Governor 04/28
View Details
https://lawsforlandlords.com/bill/nd-2015-1217/

ND 1191 Service or assistance animals in rental dwelling units.

Introduced Session

64th Legislative Assembly

Summary
AN ACT to create and enact a new section to chapter 47-16 of the North Dakota Century Code, relating to service or assistance animals in rental dwelling units.
Sponsors
Scott Louser Thomas Beadle Randy Boehning Ben Koppelman
Last Action
Signed by Governor 04/08
View Details
https://lawsforlandlords.com/bill/nd-2015-1191/

ND 2194 Lock changes for victims of domestic violence.

Introduced Session

63rd Legislative Assembly

Summary
A BILL for an Act to create and enact a new section to chapter 47-16 of the North Dakota Century Code, relating to lock changes for victims of domestic violence.
Sponsors
Stanley Lyson Kelly Armstrong John Grabinger Randy Boehning Andrew Maragos Jessica Haak
Last Action
Second reading, failed to pass, yeas 6 nays 41
View Details
https://lawsforlandlords.com/bill/nd-2013-2194/

ND 2228 Protection for victims of domestic violence in residential leases.

Introduced Session

63rd Legislative Assembly

Summary
A BILL for an Act to amend and reenact section 47-16-17.1 of the North Dakota Century Code, relating to protection for victims of domestic violence in residential leases.
Sponsors
Dick Dever Judy Lee Mac Schneider Nancy Johnson Mark Sanford Joshua Boschee
Last Action
Second reading, failed to pass, yeas 14 nays 33
View Details
https://lawsforlandlords.com/bill/nd-2013-2228/

ND 1438 An employer’s prohibition on firearm possession.

Introduced Session

62nd Legislative Assembly

Summary
AN ACT to create and enact a new section to chapter 62.1-02 of the North Dakota Century Code, relating to an employer's prohibition on firearm possession.
Sponsors
Ed Gruchalla Duane DeKrey Kenton Onstad Scot Kelsh Stanley Lyson Jon Nelson
Last Action
Filed with Secretary Of State 04/15
View Details
https://lawsforlandlords.com/bill/nd-2011-1438/

Must-Know North Dakota Landlord-Tenant Laws

Law For Landlords

In the U.S., there are nearly 48.5 million rental units. A little over half of these rental units are owned by business entities, while the rest are owned by individual investors.

There are a lot of good reasons to own rental property in, including providing a passive income source as well as the potential for property value appreciation. Many Americans have managed to make rental property ownership their full-time job, while others might keep a few rental properties as a way of making extra income.

If you are considering becoming a landlord, you likely have a lot of questions. What regulations do landlords need to know? What should I know as a landlord in general?

Understanding landlord-tenant laws is essential for protecting yourself legally and financially. Here’s a brief guide for self-managing landlords regarding some of the most important federal and state laws.

The Fair Housing Act

The Fair Housing Act is one of the two major federal laws that impact all property managers and landlords across the country. This is a law that prohibits discrimination due to national origin, race, religion, color, disability, sex or familial status. This law applies to:

  • Renting or buying a home
  • Seeking housing assistance
  • Getting a mortgage
  • Engaging in other housing-related activities

This law extends beyond leasing where landlords are concerned. It also applies to advertising, meaning that it is illegal to market your properties to any specific group of people.

Fair Credit Reporting Act

The Fair Credit Reporting Act is a law that requires landlords to do a number of things when running a credit check. These include receiving permission from an applicant to run a credit report, informing the applicant if their credit report was the basis for adverse action or denial, and providing specific information regarding the credit reporting agency they used

Law Paint Law

It is required by landlords under federal law to disclose the presence of lead paint. They are not required to remove lead paint under federal law, but state laws might dictate otherwise. It’s important to learn about your state and municipality laws regarding lead paint in addition to the federal law.

Discrimination Law

Beyond the Federal Fair Housing Act, state and local laws might provide additional protection beyond the federal law. These might extend protections to people based on their sexual orientation, age, marital status, political association and even hairstyle.

Tenant Duties

While your tenant is responsible for some things, you should know what those things are as the landlord. Then, you can include those duties in your lease agreement. If a tenant doesn’t fulfill their duties, you may be able to provide a notice to vacate in law. Your tenants need to comply with local health and building codes to keep themselves and others safe. They also need to dispose of garbage safely and legally, and they need to use the property reasonably. That means living in the property, but unreasonable uses could include conducting business. Tenants are also responsible for keeping the property clean on a daily basis. They also can’t do anything that would disturb their neighbors, especially if you own a duplex or a similar property. A tenant must also ensure their guests also comply with these requirements. And whenever your tenant has any issues, they must notify you so that you can correct the problem.

Security Deposit Limit

Before a tenant moves in, you can charge them a security deposit. Fortunately, doesn’t have any limitations regarding the amount the deposit can be. You can set an amount based on the property’s rent or value. And you can charge a security deposit for short-term or long-term leases. Then, you can hold onto that amount for the duration of the tenant’s stay. While you can use the money from the deposit, it’s smart to keep it in a separate account. When the tenant moves out, you can make sure you have enough money to pay them back. You can outline the terms of the security deposit, such as the amount and when you will return it, in your lease agreement. That way, you and your tenant both understand the terms, and you can use similar language if you ever buy property in another state.

A Legal Lease Document

Each state and some municipalities might have laws regarding the lease contract. Rental contracts must abide by all laws and be legally written. It is necessary to indicate tenant names, monthly rental rates, and leasing periods clearly.

In some jurisdictions, it is required that certain legal disclosures be included in the lease document. Working with a lawyer to produce your rental contract can help ensure that the lease provides all of the required information and doesn’t break any federal, state, or local laws.

Required Disclosures

It is common in many states to require landlords to inform tenants about individual landlord policies, certain state laws, or specific information about the rental. It might be required that this is disclosed within the lease itself or in additional documentation.

It’s important to look into your state’s requirements about disclosures. However, some commonly required disclosures include notice of recent deaths, mold, meth contamination, or other safety or health hazards.

Providing a Safe Environment

One important landlord-tenant law has to do with the habitability of the rental unit. The definition of “safe, habitable condition” might be different between states. For this reason, you must familiarize yourself with the laws for landlords in your location.

Typically, this means that the property cannot have serious deficiencies. It also means that fixtures, appliances, heating, and plumbing need to be in working order. You also cannot rent out a property that is infested with pests or insects.

 Landlords are usually responsible for dealing with infestations even if the outbreak happens after the tenant moves in. However, in many states, this can be avoided by specifying that the renter is responsible for pest control.

Laws About Making Repairs

In the lease agreement, it will be outlined that the tenants are responsible for reporting necessary repairs. It then becomes the landlord’s responsibility to complete the repairs within an appropriate amount of time.

If a landlord doesn’t make a repair in a timely manner in a way that impacts the safety or health of a tenant, a tenant might have the right to withhold rent.

Security Deposits

It is common for landlords to require a security deposit from the tenant. This is in order to cover the costs of any damage the tenant causes or if they fail to pay rent. A landlord must refund the security deposit unless it is needed to cover the cost of fixing property damage or covering default rent payments.

In some states, how the security deposit is kept is dictated by the law. It is also typically required that an itemized list of deductions must be provided to the tenant if the landlord is using some of the deposit for these purposes.

The unused portion of the deposit must be returned and the itemized statement must be provided. If they aren’t, the landlord can face financial and legal repercussions.

Renters Right To Privacy

Most landlord-tenant rules and regulations cover the right to quiet enjoyment of a tenant. This means that it is their right to live on a property undisturbed. The landlord must give proper notice before entering the rental unit, which is usually 24 to 48 hours unless there is an emergency.

Landlords can only enter the rental property for valid reasons and at a reasonable time of day after giving notice.

Landlord-Tenant Laws: Essential For Protecting Yourself Legally and Financially

Without a good understanding of landlord-tenant laws, you can find yourself in a mess of legal and financial trouble. It’s therefore very important to familiarize yourself with the federal, state, and local laws regarding the rights of tenants and the responsibilities of landlords.

Are you looking for more valuable resources to serve as a guide for self-managing landlords? You can find more resources and guides here.

Reviewing Laws for Landlords

Understanding laws for landlords is essential for keeping your properties up and running. It can also protect you and your finances if you have a problematic tenant or experience other issues. Whether you just bought your first rental property or are looking to expand, you should understand how these laws affect you. That way, you won’t have to worry about losing everything. Do you want to learn more about laws for landlords? Let us know.

Please understand that because of the nature of the topic, this page has been written in a generalized form. Further guidance should be sought on the topic being searched by the landlord.

North Dakota Landlord Legislation Blog

Governor’s Latest Executive Order

KEY FACTS: Issued:  October 15, 2020
Expires:  November 14, 2020 Caveat:
Late Fee Prohibition Remains in Effect
Through December 31, 2020 KEY ISSUES:
Rent Demands: Extends 30-day rent
demand until November 14th The 30-day
rent demand applies to ALL Landlords
(residential and commercial). Late Fees:
The Order establishes a ban […]

Governor’s Latest Executive Order

KEY FACTS: Issued:  October 15, 2020
Expires:  November 14, 2020 Caveat:
Late Fee Prohibition Remains in Effect
Through December 31, 2020 KEY ISSUES:
Rent Demands: Extends 30-day rent
demand until November 14th The 30-day
rent demand applies to ALL Landlords
(residential and commercial). Late Fees:
The Order establishes a ban […]

Governor’s Latest Executive Order

KEY FACTS: Issued:  October 15, 2020
Expires:  November 14, 2020 Caveat:
Late Fee Prohibition Remains in Effect
Through December 31, 2020 KEY ISSUES:
Rent Demands: Extends 30-day rent
demand until November 14th The 30-day
rent demand applies to ALL Landlords
(residential and commercial). Late Fees:
The Order establishes a ban […]

Eviction Moratorium Ends

Time to Focus on Rental Assistance Breaking News August 27, 2021 The U.S. Supreme Court ended the Centers for Disease Control and Prevention (CDC’s) eviction moratorium Thursday night, giving much-needed relief to America’s small housing providers facing financial hardship for more than a year. In a 6-3 ruling, a majority of justices agreed that the stay on the lower court’s order finding the CDC’s eviction moratorium to be unlawful was no longer justified. In their order, the justices wrote, “The

Read More »

A Guide to Section 8 for Landlords

Over 10 million Americans are afforded federal rental assistance under a program known as Section 8 housing. This federal rental assistance can be used all over the United States, which means that all US landlords should have a basic understanding of what Section 8 is and how it works. In short, Section 8 housing provides a solution for low-income families and individuals who are in need of housing. But how does Section 8 housing work for landlords? If you’ve poked around online

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Pros and Cons of Month-to-Month Rental Leases

The real estate market is in a particularly unusual state in 2021 as the overall economy seeks to correct itself during an ongoing pandemic. One of the more surprising results of the past year is that while housing prices are going up, the cost to rent is, in many places, going down or stabilizing. Now is a great time for property owners to analyze the kind of leasing agreements they typically offer. Is month-to-month rental a better solution in the present,

Read More »

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