Landlord-Tenant Law In North Dakota
REPAIRS
Tenants should promptly notify the landlord when repairs become necessary. If the landlord does not respond to verbal notice of need for repairs, the tenant should send a written notice to the landlord of necessary repairs. The tenant should keep a copy of this notice. The tenant must give the landlord reasonable notice and a reasonable amount of time in which to make repairs.
What is “reasonable” depends on the needed repair. If repairs are still not made, the tenant has three options under the law:
What is “reasonable” depends on the needed repair. If repairs are still not made, the tenant has three options under the law:
- Repair the defect and deduct the expense from the rent (N.D.Cent.Code. § 47-16-13). It is always a good idea for the tenant to notify the landlord in writing that he/she intends to do this. Some landlords have given tenants a 30-day notice (if the tenant is on a month-to-month lease), or attempted to sue for loss of rent.
Sue the landlord in Small Claims Court for the costs of the repairs and other expenses incurred as a result of the failure to make repairs.
- The tenant may elect, after notice (preferably written), to vacate the premises which would terminate the lease. Vacating the premises should be considered a measure of last resort, and only if there is a serious repair problem or code violation. The tenant should notify the housing or health inspector to confirm that a serious problem or code violation exists
INSPECTION OF UNIT BEFORE LEASING
Prospective tenants should visit the rental unit before they give the landlord any money. They should be allowed to inspect the entire rental unit including appliances, plumbing, light fixtures, carpeting, locks, linoleum, windows, etc.
A landlord shall provide the tenant with a statement (check-in sheet) describing the condition of the facilities in and about the premises to be rented at the time of entering into a lease agreement. The statement shall be agreed to and signed by both the landlord and the tenant. The statement shall provide proof as to the condition of the facilities and the premises at the beginning of the rental agreement.
Make sure all the conditions are correctly stated on the check-in sheet. An accurate statement at the time the tenant moves in, will lessen the chance of misunderstanding and future disagreements.
SECURITY DEPOSITS
Landlords have the right to require tenants to pay a security deposit (damage deposit). This money is held by the landlord. The security deposit cannot exceed the amount of one month’s rent. If the tenant owns a pet,
the landlord may require a “pet deposit” not to exceed the greater of $2,500 or two months to cover any pet related property damage. This amount includes the regular deposit.
The landlord is obligated to deposit the money in a federally insured interest-bearing savings or passbook account. The landlord may apply the security deposit money and accrued interest upon termination of the lease toward any damages suffered through the negligence of the tenant or his/her guest, any unpaid rent, or the costs of cleaning and repairs which were the tenant’s responsibility.
Get Healthy with VitalMaxVitamins!The pet deposit money should only be utilized to correct problems created or caused by the pet living on the premises. If the deposit is $100, but the tenant causes $300 damages, the landlord can sue for the difference. The deposit may not be used by the tenant to pay rent without the landlord’s consent.
It is illegal for a landlord to physically lock a tenant out of his/her unit. See Kipp v. Lipp, 495 N.W.2d 056 (N.D. 1993). If a landlord locks a tenant out or confiscates a tenant’s belongings, the tenant should notify the sheriff’s department, a private attorney, or Legal Services of North Dakota legalassist.org
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