North Dakota Security Deposit Deductions
In North Dakota, deposit deductions are limited to the uses in the supplied statute. The landlord must give an itemized statement within 30 days. The record does not include a statutory definition of wear and tear. Ordinary wear is not a lawful charge. The table lists each supplied item rule and citation.
Wear and tear in this record
The supplied North Dakota record does not include a statutory definition of wear and tear. Normal wear and tear is the expected aging of a rental from ordinary living, such as faded paint or carpet worn from walking. Damage is harm beyond that ordinary use, such as a large stain, a burn, or a hole. A landlord can usually charge for tenant-caused damage. A landlord cannot charge for ordinary wear.
Item rules
| Item | Allowed | Rule |
|---|---|---|
| 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 to return the dwelling unit to its original state when the lessee took possession, reasonable wear and tear excepted. (N.D.C.C. § 47-16-07.1(3)(c)) |
| Carpet replacement | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (N.D. Cent. Code § 47-16-07.1). (N.D. Cent. Code § 47-16-07.1) |
| Painting | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (N.D. Cent. Code § 47-16-07.1). (N.D. Cent. Code § 47-16-07.1) |
| Nail holes and wall damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (N.D. Cent. Code § 47-16-07.1). (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 the negligence of the lessee or the lessee’s guest. A separate pet security deposit is also authorized. (N.D.C.C. § 47-16-07.1(2) - (3)(a)) |
| Unpaid rent and fees | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (N.D. Cent. Code § 47-16-07.1). (N.D. Cent. Code § 47-16-07.1) |
Itemization duty
| Itemization required | Yes |
|---|---|
| Deadline | 30 days |
| Receipts required | No |
| Rule | Application of any portion not paid to the lessee must be itemized. The itemization together with the amount due must be delivered or mailed to the last address furnished the lessor, with a written notice, within 30 days after termination of the lease and delivery of possession. The notice must state any amount still due the lessor or the refund due the lessee. Receipts are not required. |
| Citation | N.D.C.C. § 47-16-07.1(3) |
Burden of proof
A lessor is liable for treble damages for any security-deposit money withheld without reasonable justification (N.D.C.C. § 47-16-07.1(4)). The North Dakota Supreme Court has held the statute does not forfeit a separate damages action merely for a late itemization.
Statute says
The costs of cleaning or other repairs which were the responsibility of the lessee, and which are necessary to return the dwelling unit to its original state when the lessee took possession, reasonable wear and tear
What this means
Source accessed: .
If it was deducted anyway
Use the North Dakota demand letter page to ask for the itemized statement and the return of any amount that bills ordinary wear. Cite only a rule listed on this page.
Free North Dakota template, built from verified state data
I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under North Dakota law (N.D. Cent. Code § 47-16-07.1), a landlord must return the deposit or send a written, itemized list of deductions within 30 calendar days after termination of the lease and delivery of possession by the lessee.
FAQ
What security deposit deductions are allowed in North Dakota?
Only the uses in the supplied North Dakota record. The table on this page lists each item with its rule and citation. A general wear-and-tear row is not an item-specific statute.
Does a North Dakota landlord have to itemize deductions?
Yes. Application of any portion not paid to the lessee must be itemized. The itemization together with the amount due must be delivered or mailed to the last address furnished the lessor, with a written notice, within 30 days after termination of the lease and delivery of possession. The notice must state any amount still due the lessor or the refund due the lessee. Receipts are not required.
Who has the burden of proof for a North Dakota deduction?
A lessor is liable for treble damages for any security-deposit money withheld without reasonable justification (N.D.C.C. § 47-16-07.1(4)). The North Dakota Supreme Court has held the statute does not forfeit a separate damages action merely for a late itemization.