In North Dakota, the maximum security deposit is 1 month's rent (2 months if pets or felony record) and landlords must return it within 30 days of move-out. Here's what landlords and tenants need to know.
North Dakota caps security deposits at 1 month's rent (2 months if pets or felony record). This is the total amount a landlord can collect upfront — including any "pet deposit," "cleaning deposit," or other refundable deposit, unless state law specifically allows separate categories.
Charging more than the legal maximum exposes the landlord to penalties, and in some states the tenant can recover the excess plus damages. If you're a landlord setting deposit amounts, calculate against monthly rent and stay at or below this cap.
After a tenant moves out, North Dakota landlords have 30 days to return the deposit, less any legitimate deductions. This clock starts at the end of the tenancy — typically when the tenant turns in keys and vacates, not when they give notice.
Missing the deadline is one of the most common ways landlords lose security deposit disputes. Tenants who don't receive their deposit on time can sue for the full amount returned and, depending on the state, statutory damages of 2–3× the deposit.
Interest requirement: Required if held 9+ months.
Where interest is required, landlords typically must either pay it annually or credit it at move-out. Where it isn't required, landlords can hold the deposit in any account but must still return the full principal — commingling with personal funds is a separate compliance issue in many states.
Security deposit deductions in North Dakota must be tied to actual losses. The standard categories allowed in nearly every state are:
"Ordinary wear and tear" — the gradual deterioration that comes from normal use — cannot be deducted. Faded paint, minor carpet wear, small nail holes, and worn caulking are wear and tear. Burns, large holes, broken fixtures, pet stains, and unauthorized alterations are damage.
Document the unit's condition with dated, time-stamped photos at both move-in and move-out. A move-in checklist signed by the tenant is the strongest evidence in a dispute. Without documentation, the burden of proof generally falls on the landlord.
Most states — and best practice in all of them — require the landlord to send an itemized list of any deductions along with the remaining deposit. The list should describe each deduction, the dollar amount, and ideally include receipts or invoices for the work.
An itemized statement protects both sides: it shows the tenant exactly what was charged and gives the landlord documentation if the tenant later sues. Sending the deposit without an itemized list, even if every deduction is reasonable, can trigger penalties.
If a North Dakota landlord fails to return the deposit (or send an itemized statement) within 30 days, the tenant's typical options are: send a formal demand letter, file a small claims case, or pursue statutory damages where state law allows.
Many disputes settle once a demand letter cites the specific statute and deadline. For tenants, sending the letter via certified mail creates a paper trail; for landlords, responding promptly with documentation often closes the issue without litigation.
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