How much a landlord can charge, and which deductions are actually legal
This page covers how much a landlord may charge in North Dakota, and which deductions from a residential deposit are lawful. It assumes the tenancy has ended and the question is what may be withheld.
It does not cover:
One month's rent (up to 2 months for a tenant with a felony conviction or a prior judgment for violating a rental agreement). Pet deposit separately up to the greater of $2,500 or 2 months' rent (service/companion animals exempt) — § 47-16-07.1(1), (2).
Caps frequently carry exceptions — smaller landlords, furnished units, or pets are treated differently in most states. Read the provision itself rather than relying on the headline figure.
| Claimed deduction | Permitted in North Dakota |
|---|---|
| Damages from pet or tenant negligence causing deterioration/injury | Permitted, if substantiated |
| Unpaid rent | Permitted, if substantiated |
| Cleaning or repairs necessary to return the unit to its condition at move-in (reasonable wear and tear excepted) | Permitted, if substantiated |
| Claimed deduction | Permitted in North Dakota |
|---|---|
| Reasonable wear and tear | Not permitted |
| Any amount without the itemization within 30 days | Not permitted |
Whether a specific charge is lawful depends on the facts — how old the damage is, whether the lease addressed it, and whether the landlord can document the cost. A charge being in the "permitted" column does not make it automatically collectable.
The landlord may apply the deposit only toward pet/negligence damage, unpaid rent, and cleaning/repairs necessary to restore the unit (reasonable wear and tear excepted), all itemized. To avoid treble damages, the landlord must show the withholding was with reasonable justification.
In North Dakota the burden sits with the landlord. This matters strategically: if the burden is theirs, your task is to request the documentation rather than to prove the deduction wrong. N.D. Cent. Code § 47-16-07.1(3), (4) ↗
A landlord who withholds in bad faith may be liable for 3x the full deposit.
A lessor is liable for TREBLE (3x) damages for any security deposit money withheld WITHOUT REASONABLE JUSTIFICATION. The multiplier applies to the deposit money withheld, making this one of the stronger remedies in the U.S.
N.D. Cent. Code § 47-16-07.1(4) ↗North Dakota imposes treble damages on any deposit money withheld without reasonable justification — among the strongest deposit penalties in the U.S.
N.D. Cent. Code § 47-16-07.1(4) ↗Deposits must be held in a federally-insured interest-bearing account for the tenant's benefit, with interest owed for occupancies of 9 months or longer.
N.D. Cent. Code § 47-16-07.1(1) ↗““I'm deducting for damages.””
You may deduct only for pet/negligence damage, unpaid rent, or cleaning/repairs to restore the unit (reasonable wear and tear excepted), itemized within 30 days.
N.D. Cent. Code § 47-16-07.1(3)
““I'll keep the deposit and you can sue me.””
A lessor who withholds deposit money without reasonable justification is liable for treble (3x) damages — one of the strongest deposit remedies in the country.
N.D. Cent. Code § 47-16-07.1(4)
““No interest is owed on your deposit.””
My deposit must be held in a federally-insured interest-bearing account, and interest is owed for occupancy of 9 months or longer.
N.D. Cent. Code § 47-16-07.1(1), (3)
Some widely circulated summaries of North Dakota deposit law state things the statute does not say. We list the disagreements rather than picking a side silently.
| Source | What it says |
|---|---|
| Some summaries | 3x the amount wrongfully withheld |
| N.D. Cent. Code § 47-16-07.1(4) | Treble damages for security deposit money withheld without reasonable justification |
What we follow: Treble the deposit money withheld
The statute ties the treble damages to "security deposit money withheld without reasonable justification," which is broader than a narrow "wrongfully withheld" framing.
Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.
| Statute | Last verified | Source |
|---|---|---|
| N.D. Cent. Code § 47-16-07.1(3) | 2026-10-15 | official text ↗ |
| N.D. Cent. Code § 47-16-07.1(4) | 2026-10-15 | official text ↗ |
| N.D. Cent. Code § 47-16-07.1(3), (4) | 2026-10-15 | official text ↗ |
| N.D. Cent. Code § 47-16-07.1(1) | 2026-10-15 | official text ↗ |
Primary reference: N.D. Cent. Code § 47-16-07.1 (Security deposits). Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.
A self-help letter is the right starting point for a single deposit you can document. Get legal help if:
Local legal aid organisations and tenant unions offer free help for qualifying cases. They are independent of this site — we list them because they are the right place to go, not because they link here.
North Dakota Security Deposit Return
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The statute does not permit deductions for: reasonable wear and tear; any amount without the itemization within 30 days.
The landlord. The landlord may apply the deposit only toward pet/negligence damage, unpaid rent, and cleaning/repairs necessary to restore the unit (reasonable wear and tear excepted), all itemized. To avoid treble damages, the landlord must show the withholding was with reasonable justification.
One month's rent (up to 2 months for a tenant with a felony conviction or a prior judgment for violating a rental agreement). Pet deposit separately up to the greater of $2,500 or 2 months' rent (service/companion animals exempt) — § 47-16-07.1(1), (2).
No. Reasonable wear and tear