Getting the Deposit Back
N.D.C.C. § 47-16-07.1 — the deposit, with interest, or an itemized list within thirty days, and treble damages for withholding without reason
Thirty days, itemized. Within thirty days after the lease ends and the tenant gives up possession, the landlord delivers or mails to the last address the tenant gave a written notice with an itemized list of anything kept and the refund or amount still due.
- The deposit is kept in a federally insured interest-bearing account for the tenant, and returned with its interest, though no interest is owed for an occupancy under nine months.
- It may be kept only for damage by the tenant, a guest or a pet, unpaid rent, and cleaning or repairs to the move-in condition, reasonable wear and tear excepted.
- A deposit may not exceed one month's rent, or two for someone with a felony conviction or a past judgment for breaking a lease.
- A separate pet deposit may not exceed the greater of $2,500 or two months' rent, and none may be charged for a service or companion animal.
A landlord who withholds deposit money without reasonable justification is liable for treble damages. When the building is sold, the deposit and interest pass to the buyer, and the seller stays liable until they do.
Sources for this section (1)
- N.D.C.C. § 47-16-07.1 — Real property and dwelling security deposits - Limitations and requirements
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed North Dakota attorney.