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Deposits

Security deposit law in North Dakota

North Dakota's cap, return deadline, itemization rule, and wrongful-withholding penalty, with the controlling statute linked.

4 min read

Short answer

North Dakota caps a security deposit at one month's rent, and the deposit must be returned within 30 days. Wrongful withholding exposure is up to 3x for bad-faith retention. The controlling text is N.D. Cent. Code § 47-16-07.1, verified July 2026; confirm the current statute before acting, since legislatures amend deposit law and cities layer stricter rules on top.

One month's rent. The return rule is 30 days. The controlling text is N.D. Cent. Code § 47-16-07.1.

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North Dakota's deposit ceiling

One month's rent.

The base cap is one month's rent, rising to two months or $2,500 where the tenant keeps a pet, and higher for a tenant with a felony record within the statutory lookback.

North Dakota's return deadline

30 days.

You have 30 days after the tenancy ends to return the deposit with interest and an itemized statement of any deductions.

The itemized statement rule

A written itemized statement of deductions is required within 30 days. Tie each line to damage beyond ordinary wear.

Account and interest rules

Deposits must be held in a federally insured interest-bearing savings or escrow account, and the interest is payable to the tenant where the tenancy lasts at least nine months.

Exposure for wrongful withholding

Up to 3x for bad-faith retention.

A landlord who retains a deposit in bad faith can be liable for up to three times the amount wrongfully withheld. The interest and separate-account rules add procedural failure points beyond the deduction itself.

Compare North Dakota with neighboring states

  • Montana: no statutory limit; return rule: 10 or 30 days.
  • South Dakota: one month's rent; return rule: 14 days.
  • Minnesota: no statutory limit; return rule: 21 days.

Verified against N.D. Cent. Code § 47-16-07.1 and official state sources in July 2026. Before withholding money, check the current statute text or ask a local landlord-tenant attorney. General information, not legal advice.

Questions landlords actually ask

Does North Dakota cap residential security deposits?
One month's rent. The base cap is one month's rent, rising to two months or $2,500 where the tenant keeps a pet, and higher for a tenant with a felony record within the statutory lookback.
What is the security deposit return deadline in North Dakota?
30 days. You have 30 days after the tenancy ends to return the deposit with interest and an itemized statement of any deductions.
What itemization does North Dakota require?
A written itemized statement of deductions is required within 30 days. Tie each line to damage beyond ordinary wear.
What is the wrongful-withholding exposure in North Dakota?
Up to 3x for bad-faith retention. A landlord who retains a deposit in bad faith can be liable for up to three times the amount wrongfully withheld. The interest and separate-account rules add procedural failure points beyond the deduction itself.