North Dakota Security Deposit: Your Deadline and Next Step
In North Dakota, the landlord must return the deposit within 30 calendar days. The clock starts after the required dates below; the landlord must return the deposit or send an itemized list (N.D. Cent. Code § 47-16-07.1). Most states allow 30 days; North Dakota is the same.
Last checked 2026-07-14
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Details of the return rules
| When it applies | Deadline | Starts from |
|---|---|---|
| Deposit return | 30 days | after termination of the lease and delivery of possession by the lessee |
North Dakota return rule: 30 calendar days. Check the dates you entered above.
Key facts
| Deadline | 30 calendar days |
|---|---|
| Deadline trigger | after termination of the lease and delivery of possession by the lessee |
| Penalty formula | lessor liable for treble damages for any security deposit money withheld without reasonable justification |
| Bad faith required | No |
| Itemization required | Yes |
| Interest on deposit | Conditional: Deposit must be held in a federally insured interest-bearing savings or checking account for the tenant's benefit; interest accrues to the tenant and must be paid with the deposit on lease termination, except the lessor is not required to pay interest if occupancy was less than nine months. |
| Maximum deposit | Generally not more than one month's rent. Exceptions: up to two months' rent as security from an individual convicted of a felony (as an incentive to rent) or from an individual with a prior judgment for violating a previous rental agreement. Separate pet security deposit may not exceed the greater of $2,500 or two months' rent (service/companion animals under fair housing excluded). |
| Forwarding address required | No |
| Small claims limit | $15,000 (District Court small claims) in District Court (small claims) |
| Statute citation | N.D. Cent. Code § 47-16-07.1 |
The landlord says you owe more than the deposit. What now?
Answer the landlord in writing and identify each disputed charge. Choose the "My landlord says I owe more" tab above. Ask for an itemized explanation and keep your response in writing.
A debt collector's notice and a credit report dispute have separate federal rules. Check whether those situations apply to you:
A debt collector's validation notice must state that the debt is assumed valid unless you dispute it within 30 days after receiving the notice. 15 U.S.C. § 1692g(a)(3): unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector
If you dispute the debt in writing within that 30-day period, the collector must stop collecting the disputed part until it mails you verification. 15 U.S.C. § 1692g(b): If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt
If a disputed debt appears on your credit report, you can dispute it with the credit reporting agency, which must reinvestigate free of charge. 15 U.S.C. § 1681i(a)(1)(A): if the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation
What can a landlord deduct in North Dakota?
North Dakota law names a specific rule for 2 of 6 common charges (cleaning and pet damage). For the others, the general wear-and-tear rule applies.
| Charge | Can the landlord deduct it? | Rule | Citation |
|---|---|---|---|
| Cleaning | Yes | A lessor may apply the deposit to the costs of cleaning or other repairs which were the responsibility of the lessee and which are necessary… | N.D.C.C. § 47-16-07.1(3)(c) |
| Carpet replacement | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | N.D. Cent. Code § 47-16-07.1 |
| Painting | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | N.D. Cent. Code § 47-16-07.1 |
| Nail holes and wall damage | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | N.D. Cent. Code § 47-16-07.1 |
| Pet damage | Yes | Expressly deductible: damages the lessor has suffered by reason of deteriorations or injuries to the real property or dwelling by the lessee’s pet or through… | N.D.C.C. § 47-16-07.1(2)–(3)(a) |
| Unpaid rent and fees | Only if the cited general rule permits the charge | General rule: normal wear and tear cannot be charged | N.D. Cent. Code § 47-16-07.1 |
I never did a move-in inspection. How do I prove the condition?
Collect move-out photos, messages, witnesses, and repair invoices. Put them in date order before responding.
Where do you file if the letter does not work?
Small claims court in North Dakota hears claims up to $15,000. You can ask for up to $15,000 there, or file for the full amount in District Court (small claims). Check the court and fees.
The state record lists a 6-year period to sue. Check when your claim accrued before counting from it.
County small claims courts
| County | Court and city | Limit | Filing fee | E-filing | Court link |
|---|---|---|---|---|---|
| Cass | Cass County District Court, Fargo | $15,000 | Statewide filing fee: Confirm current filing and service fees with the district court clerk. | Not verified | Official court website Court page check not recorded |
| Burleigh | Burleigh County District Court, Bismarck | $15,000 | Statewide filing fee: Confirm current filing and service fees with the district court clerk. | Not verified | Official court website Court page check not recorded |
| Grand Forks | Grand Forks County District Court, Grand Forks | $15,000 | Statewide filing fee: Confirm current filing and service fees with the district court clerk. | Not verified | Official court website Court page check not recorded |
See all 57 county small claims courts and filing fees
North Dakota security deposit interest rules and calculator
What happens if the landlord misses the deadline?
lessor liable for treble damages for any security deposit money withheld without reasonable justification Keep statutory damages separate from the deposit and other actual damages.
North Dakota is one of 36 states where the law sets a multiple of the deposit.
With a deposit of $954 (median county rent), a claim for the deposit plus the maximum penalty is $3,816; fits under the $15,000 small claims limit.
How does North Dakota's deadline compare with other states?
North Dakota's return deadline is 30 days. The middle of the comparable state deadlines is ≈30 days. Use the dates and questions above to see which deadline applies to you.
| State | Return rule |
|---|---|
| North Dakota | 30 days |
| Colorado | 30 days |
| Georgia | 30 days |
| Iowa | 30 days |
| Louisiana | 30 days |
| Maine | 30 days |
See all 51 jurisdictions
| State | Return rule |
|---|---|
| Montana | 10 days |
| Alaska | 14 days |
| Arizona | 14 days |
| Hawaii | 14 days |
| Kansas | 14 days |
| Nebraska | 14 days |
| New York | 14 days |
| Vermont | 14 days |
| Florida | 15 days |
| Delaware | 20 days |
| Rhode Island | 20 days |
| California | 21 days |
| Connecticut | 21 days |
| Idaho | 21 days |
| Minnesota | 21 days |
| South Dakota | 21 days |
| Wisconsin | 21 days |
| Colorado | 30 days |
| Georgia | 30 days |
| Iowa | 30 days |
| Louisiana | 30 days |
| Maine | 30 days |
| Massachusetts | 30 days |
| Michigan | 30 days |
| Missouri | 30 days |
| Nevada | 30 days |
| New Hampshire | 30 days |
| New Jersey | 30 days |
| New Mexico | 30 days |
| North Carolina | 30 days |
| North Dakota | 30 days |
| Ohio | 30 days |
| Pennsylvania | 30 days |
| South Carolina | 30 days |
| Texas | 30 days |
| Utah | 30 days |
| Washington | 30 days |
| Wyoming | 30 days |
| Oregon | 31 days |
| District of Columbia | 45 days |
| Illinois | 45 days |
| Indiana | 45 days |
| Maryland | 45 days |
| Mississippi | 45 days |
| Oklahoma | 45 days |
| Virginia | 45 days |
| Alabama | 60 days |
| Arkansas | 60 days |
| West Virginia | 60 days |
| Kentucky | No fixed return deadline |
| Tennessee | No fixed return deadline |
Source: state statute records · checked 2026-07-14 · n=48 fixed rules among 51 jurisdictions · method: first listed return deadline; calendar months plotted as ≈30 days · computed, not measured · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6
FAQ
How do I confirm the North Dakota deadline?
Use the questions above to match your dates to N.D. Cent. Code § 47-16-07.1, and keep proof of each date.
What is the small claims limit in North Dakota?
See the applicable court limits and jurisdictions in the state court guide. North Dakota court guide
City data on this page currently includes Fargo, Bismarck, Grand Forks, Minot, West Fargo, Williston, Dickinson, Mandan.
Tenant resources
- Legal Services of North Dakota - Housing Helplegal aid, 800-634-5263
- North Dakota Attorney General - Tenant Rightsag consumer in Bismarck, 800-472-2600
- North Dakota Court System - Legal Self Help Centercourt self help
- High Plains Fair Housing Centerhotline in Grand Forks, 701-203-1077
What's next?
What to do if there is no response · How to send your letter · How to write a demand letter
Statute text, sources and changes
Statute says
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. A lessor is liable for treble damages for any security deposit money withheld without reasonable justification.
What this means
Sources
- https://ndlegis.gov/cencode/t47c16.pdf · accessed 2026-07-14
- https://attorneygeneral.nd.gov/consumer-resources/tenant-rights/ · accessed 2026-07-14
- https://www.ndcourts.gov/legal-self-help/small-claims · accessed 2026-07-14
Changes
- : Record verified against the cited statute.
Verified 2026-07-14 · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6