How can I recover a residential security deposit my landlord is withholding in North Dakota?
In North Dakota the law requires landlords to hold tenant security deposits in an interest-bearing account and to return the deposit and accrued interest when the lease ends, subject to lawful deductions for unpaid rent, cleaning, repairs, and pet damage. If the landlord keeps any of the deposit, the landlord must give the tenant a written, itemized statement of the deductions within thirty days after the lease terminates and the tenant returns possession. Courts have enforced the thirty day itemization requirement but may consider whether a tenant suffered actual harm from any delay.
A tenant may rely on the written move-in condition statement as prima facie proof of the unit's condition at move-in. Leases induced by fraudulent misrepresentations may be terminated and the tenant may recover the deposit and interest. Common next steps include sending a written demand, preparing small-claims filing materials, or relying on the move-in statement if disputing damage charges.
Current North Dakota law
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The deadline that matters
A lessor must deliver or mail an itemized list of any portion of the security deposit kept within 30 days after lease termination and delivery of possession.
What North Dakota law says
The law generally says the lessor must deposit a security deposit in a federally insured interest-bearing account for the tenant's benefit and must pay the deposit and any interest to the lessee on lease termination, subject to lawful deductions for unpaid rent, cleaning, repairs, and pet damage, and those deductions must be itemized and sent within thirty days after termination and delivery of possession under N.D.C.C. § 47-16-07.1. A landlord must give a written, signed statement of the premises condition at move-in that serves as prima facie proof of the unit's initial condition under N.D.C.C. § 47-16-07.2. If a lease was entered into because of fraudulent misrepresentations, the lease may be terminated and the tenant may receive the security deposit and accrued interest under N.D.C.C. § 47-16-07.4. Case law has applied the thirty day itemization rule and examined whether a tenant was injured by any delay, see Chegwidden v. Evenson, 863 N.W.2d 843, 2015 ND 131.
What to do
A common first step is to review the signed move-in condition statement and the lease for what deductions are allowed.
A common next step is to send a written demand for the deposit and an itemized accounting; preparing a formal demand letter is often used before court.
A common option is to gather evidence (photos, receipts, move-in statement, correspondence) and prepare small-claims filing materials if the landlord does not respond.
A common alternative is to assert a termination for fraudulent misrepresentation if applicable, which may entitle the tenant to return of the deposit and interest.
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Common questions
What deductions can a landlord make from my deposit?
A landlord may generally apply the deposit and accrued interest to unpaid rent, costs of cleaning or repairs needed to return the unit to its original condition (reasonable wear and tear excepted), and damages caused by a pet or tenant negligence under N.D.C.C. § 47-16-07.1.
How soon must a landlord provide an itemized list of deductions?
The landlord must deliver or mail an itemized statement and a notice of any amount due within thirty days after termination of the lease and delivery of possession under N.D.C.C. § 47-16-07.1.
Does the move-in inspection form matter?
Yes, the written condition statement signed by landlord and tenant constitutes prima facie proof of the premises condition at the start of the tenancy under N.D.C.C. § 47-16-07.2.
What if the lease was induced by fraud?
A lease entered into in reliance on fraudulent misrepresentations may be terminated and the party fraudulently induced may receive the security deposit and accrued interest under N.D.C.C. § 47-16-07.4.
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This page provides legal information about North Dakota law, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
