How much can a landlord charge for a security deposit in North Dakota?

The maximum security deposit is 1 month's rent (may be higher with pet) [§ 47-16-07.1].

What can the landlord deduct from my deposit?

Landlords may deduct for unpaid rent, damage beyond normal wear and tear, and cleaning if the unit was left in worse condition than at move-in. Normal wear and tear (minor scuffs, carpet wear, small nail holes) cannot be deducted [§ 47-16-07.1].

What if my landlord does not return my deposit?

The landlord has 30 days to return the deposit or an itemized statement of deductions [§ 47-16-07.1]. If they fail to do so, the penalty is 1.5x the wrongfully withheld amount. You can file a claim in small claims court.

Do I need to do a walk-through before moving out?

While not always required by law, a joint walk-through is highly recommended. It gives both parties a chance to agree on the condition of the unit and can prevent disputes later.

Topic guideUpdated 2026-02-27

North Dakota Security Deposit Rules — Limits & Returns

Common questions about deductions and timelines.

Security deposit disputes are among the most common landlord-tenant issues in North Dakota. The rules for how much can be charged, what can be deducted, and when the deposit must be returned are set by statute §47-16-07.1.

Deposit limits

The maximum security deposit in North Dakota is 1 month's rent (may be higher with pet) §47-16-07.1.

What can be deducted

Landlords may deduct for:

Unpaid rent
Damage beyond normal wear and tear
Cleaning costs (if the unit was left in worse condition than at move-in)
Other charges specifically authorized by the lease

✓Normal wear and tear — minor scuffs, carpet wear from regular use, small nail holes — cannot be deducted. The distinction between "damage" and "wear and tear" is often the central dispute.

Return timeline

Move out and return keys

The clock starts when you vacate and return possession of the unit.

Landlord must return deposit or itemized statement

Within 30 days of move-out §47-16-07.1.

Itemization required

The landlord must provide an itemized list of deductions along with any remaining deposit balance.

Penalties for non-compliance

If the landlord fails to return the deposit within 30 days or withholds it in bad faith, the penalty is: 1.5x the wrongfully withheld amount.

Protecting yourself

✓Before moving in, do a thorough walk-through and document the condition of every room with dated photos. Do the same when you move out. This evidence is critical if there is a dispute over deductions.

Request your itemized deduction statement in writing if you do not receive it
If the landlord does not respond, you may need to file a claim in small claims court
Keep copies of your lease, move-in checklist, and all correspondence

Prepare for Your Consultation

Quick checklist (Landlord–Tenant)

Save photos / screenshots and write down dates.

Lease and payment history

(if relevant)

Photos or videos

of conditions

Notices, texts, emails

(with dates)

General preparation tips only. Lease terms and local practice matter.

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Common Questions