North Dakota Security Deposit Laws: 1.5 Months for Pets, 30-Day Return

North Dakota’s security deposit law balances reasonable caps with pet-owner protections. The state allows one month’s rent for standard leases but up to 1.5 months for tenants with pets. Deposits must return within 30 days, and wrongful withholding can result in double damages if deemed willful.

The Short Answer

North Dakota caps deposits at one month’s rent (or 1.5 months if the tenant has pets). Landlords must return deposits within 30 days of lease termination, accompanied by an itemized written statement of deductions. Wrongful withholding can trigger actual damages plus attorney’s fees, or double damages if the court finds willful withholding.

Security Deposit Cap

North Dakota’s deposit structure reflects a pet-friendly approach:

• Standard lease (no pets): Up to one month’s rent
• Lease with pets: Up to 1.5 months’ rent

This distinction recognizes that pet-occupied units may incur higher cleaning or damage costs, while protecting both pet owners and non-pet households from excessive deposits.

The 30-Day Return Deadline

Landlords must return deposits (or send an explanation of deductions) within 30 days after the lease terminates. The deadline begins the day the lease officially ends, not the day the tenant physically leaves the unit. The return must include a written itemized statement of all deductions, with each item listed separately by category.

If no deductions are made, the landlord should return the full deposit with a written notice stating “no deductions claimed.”

Reference: North Dakota Century Code § 47-16-07.1

What Can a North Dakota Landlord Legally Deduct?

Landlords may deduct for:

• Unpaid rent or lease violations
• Damage beyond normal wear and tear
• Cleaning costs (documented, reasonable)
• Repair or replacement of tenant-damaged items
• Unpaid utilities or other lease-specified charges
• Lease-specified fees (pet fees, etc.)

All deductions should be documented with receipts, repair bills, or professional cleaning invoices.

What Is Normal Wear and Tear in North Dakota?

Normal wear and tear includes:

• Light discoloration of paint from normal living
• Minor wall scuffs or marks from furniture
• Worn or faded carpet pile from regular use
• Small dents in drywall that don’t expose studs
• Worn cabinet knobs or light switch covers
• Faded or dusty window blinds
• Worn door handles from regular use
• Minor settling cracks in drywall

Beyond normal wear and tear (deductible):

• Holes in walls or doors
• Permanent stains or large spots on carpet
• Broken or missing appliances
• Pet damage including odors, stains, or claw marks
• Broken windows, locks, or fixtures
• Broken tile or flooring
• Accumulated dirt or pest evidence
• Damage from carelessness or intentional acts

Penalties for Wrongful Withholding

North Dakota provides tiered penalties:

• Standard wrongful withholding: Tenant recovers actual damages (the amount wrongfully held) plus attorney’s fees
• Willful withholding: Court may award double damages plus attorney’s fees if the court finds the landlord acted willfully or in bad faith

This distinction incentivizes landlords to return deposits on time and with proper documentation. A landlord who intentionally ignores the law faces harsher consequences than one who makes a good-faith calculation error.

How to Get Your Deposit Back in North Dakota

1. Provide a forwarding address in writing when you move out. Email or hand-deliver it to the landlord/manager.
2. Take comprehensive photos and video at move-in and move-out, time-stamped and showing the full unit.
3. Document all communications in writing (email preferred) so you have a record of requests and responses.
4. Clean thoroughly before move-out to minimize cleaning deduction claims.
5. Request a move-out inspection with the landlord in writing, allowing them to document condition.
6. Wait 30 days from the lease termination date. The deadline is strict.
7. Review the itemized statement for reasonableness and documentation. Challenge vague charges.
8. File in small claims court if the deadline passes without return or if deductions seem unreasonable. Bring lease, move-out photos, and the itemization.
9. Highlight willfulness in your claim if applicable (e.g., landlord ignored your requests, failed to provide any itemization, or admitted keeping the deposit).

Key Statute

North Dakota Century Code § 47-16-07.1 – North Dakota’s security deposit law governing caps, return deadlines, deduction documentation, and penalties for wrongful withholding.

Real Situations in North Dakota

In Fargo, a tenant with two cats rented an apartment for two years with a $1,500 deposit (1.5 months’ rent for a pet-owner lease). Upon move-out, the landlord returned the deposit after 32 days—two days late—with an itemized statement claiming $400 for carpet odor removal. The statement included a quote from a cleaning service but no completed invoice showing the work was actually performed. North Dakota law requires deductions to be documented with proof of payment. The tenant objected and sued, claiming both the late return and the undocumented deduction. North Dakota courts found willful withholding, and the tenant recovered double damages plus attorney’s fees.

A Bismarck landlord collected a $1,200 deposit from a tenant without pets. During the tenancy, the tenant adopted a cat. The landlord discovered this three months before lease end and demanded an additional $300 pet deposit. The tenant refused, citing that no pet fee was in the original lease. North Dakota law allows additional pet deposits only if the lease explicitly permits them or if authorized by prior written agreement. The tenant moved out and the landlord returned the original $1,200 within 30 days, but attempted no additional claim. This is the legally compliant outcome.

In Grand Forks, a tenant provided a forwarding address and moved out. The landlord returned the deposit on day 30 with an itemized statement that listed $250 for “repairs” without specificity—no invoice, no detail about what was repaired. The tenant objected within 5 days with a certified letter citing N.D. Cent. Code § 47-16-07.1 and demanding documentation. The landlord responded with a repair invoice showing a leaking sink repaired on day 3 after move-out (within normal landlord responsibility, not a tenant damage claim). The tenant’s objection prompted a refund of the $250.

Common Mistakes North Dakota Tenants Make

Not understanding the pet deposit cap difference. If your lease allows pets, verify whether the deposit is capped at 1 month’s rent (the standard) or 1.5 months’ rent (the pet-owner rate). Confirm in writing at lease signing that the deposit amount reflects the correct cap. If the landlord charges the pet rate without a pet clause in the lease, object immediately.

Accepting undocumented deductions and not requesting proof within the 30-day window. If the itemized statement arrives with vague claims like “repairs” or “damage” without invoices or estimates, send a certified response within 7 days demanding detailed documentation. North Dakota courts expect landlords to provide proof of actual costs. Undocumented claims are weak and often result in recovery of the withheld amount.

Not challenging willful withholding aggressively. If the landlord misses the 30-day deadline or provides clearly fraudulent deductions, emphasize “willfulness” in your demand letter or court claim. North Dakota law allows double damages for willful withholding, not just for negligent mistakes. Point out the bad faith conduct to increase the penalty.

Related Guides

• Tenant Rights Guide: Know Your Rights in Every State — the complete hub for tenant protections, eviction laws, and landlord obligations
• North Dakota Eviction Notice Requirements — what your landlord must do before starting eviction proceedings in North Dakota
• North Dakota Small Claims Court — how to sue your landlord for a wrongfully withheld deposit without a lawyer
• North Dakota Wage Theft Laws — North Dakota wage laws, overtime rights, and how to recover unpaid wages
• North Dakota Tenant Rights Guide — complete tenant rights guide for North Dakota renters

This article is for informational purposes only and does not constitute legal advice. Always verify current rules at the source linked above or consult a licensed North Dakota attorney. Last reviewed: March 2026.