DisputeKit / North Dakota
How long does a North Dakota landlord have to return a security deposit?
30 days. Under North Dakota Century Code § 47-16-07.1, a landlord must deliver or mail an itemized list of any deductions, together with the amount due and a written notice, to the last address the tenant gave the landlord within 30 days. The clock starts when you move out and hand back possession of the unit. A court may also award treble damages for any security deposit money withheld without reasonable justification.
I moved out of my place in on and my landlord still has my $ deposit.
Fill in the blanks to see your deadline. Free, no account.
Conditions that change the deadline
- The 30 days run from the end of the lease and the tenant's return of possession to the landlord.
What North Dakota law says about deductions and your rights
- Deductions are limited to damage caused by the tenant's pet or by the negligence of the tenant or guests, unpaid rent, and cleaning or repairs needed to restore the unit to its move-in condition, reasonable wear and tear excepted.
- The deposit must be kept in an interest-bearing account and interest is owed to the tenant, except when the tenancy lasted less than nine months.
- The statute says 'treble damages'; whether a court counts the withheld amount within the three times or adds it on top is a question for the court.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in North Dakota is $15,000, and the filing fee is $20, with a fee waiver available if you cannot afford it.
Steps
- Find your move-out date and deposit amount
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit
- Count 30 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in North Dakota?
The clock starts when you move out and hand back possession of the unit.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. North Dakota law allows a court to award treble damages for any security deposit money withheld without reasonable justification. A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in North Dakota is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.