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North Dakota Security Deposit Law: Deadlines & Penalties

North Dakota landlords have 30 days after the lease ends and the tenant gives up possession to return the security deposit, with any interest it has earned. A landlord may only deduct for unpaid rent, damage caused by the tenant, a guest or a pet through negligence, and cleaning or repairs needed to return the unit to its move-in condition, with reasonable wear and tear excepted.

Any part of the deposit that is kept must be itemized in a written notice mailed or delivered to the last address the tenant gave the landlord. The notice must state the refund due to the tenant or any amount the landlord says is still owed. Because the notice goes to the address on file, giving the landlord a forwarding address in writing is a sensible step.

North Dakota is unusual in requiring deposits to be held in a federally insured, interest-bearing account, with the interest paid to the tenant when occupancy lasted at least nine months. Deposits are generally capped at one month's rent, with limited exceptions allowing up to two months, plus a separate pet deposit of up to the greater of $2,500 or two months' rent. A landlord who keeps deposit money without reasonable justification is liable for treble damages.

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North Dakota: common questions

How long does a North Dakota landlord have to return a deposit?

30 days after the lease ends and you deliver possession. Within that time the landlord must send the refund, plus any interest owed, along with a written itemization of anything kept, to the last address you gave.

Do I get interest on my security deposit in North Dakota?

Usually, yes. The landlord must keep the deposit in a federally insured, interest-bearing account, and the interest belongs to the tenant. The landlord does not have to pay interest if you lived in the unit for less than nine months.

What can I recover if my North Dakota landlord keeps my deposit unfairly?

A landlord is liable for treble damages, meaning three times the amount, for any deposit money withheld without reasonable justification. That is one of the stronger deposit remedies in the country, so a clear, dated demand letter matters.

Can I sue for my deposit in North Dakota small claims court?

Yes. North Dakota small claims court hears claims for money of up to $15,000, which covers nearly every deposit dispute. Bring your lease, move-in and move-out photos, this letter and your proof of mailing.

Compare nearby states

StateReturn deadlineItemized listSmall claims limit
North Dakota30 daysRequired$15,000
Minnesota21 daysRequired$20,000 (conciliation court)
Montana30 daysRequired$7,000
South Dakota21 daysRequired$12,000
Alabama60 daysRequired$6,000
AlaskaSee statuteRequired$10,000

See all states

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