North Dakota Security Deposit Law: Return Deadline, Limits, and How to Get It Back

In North Dakota, a landlord generally must return your security deposit within 30 days after your tenancy ends and you have given up possession of the unit. The deposit itself is usually capped at one month's rent, and if any money is kept, the landlord must give you a written, itemized statement explaining the deductions. These rules come from North Dakota's landlord-tenant statute on security deposits, commonly cited as N.D. Cent. Code § 47-16-07.1. Because the legislature updates these provisions and figures can change, confirm the current section before you rely on a specific number.

How much can a North Dakota landlord charge?

North Dakota is one of the states that actually caps the standard security deposit. As a baseline, the deposit a landlord may require is limited to an amount equal to one month's rent. There are two notable exceptions written into the statute:

• Pets. If you keep a pet (other than a service animal), the landlord may require an additional pet deposit, typically up to $2,500 or an amount equal to two months' rent, whichever is greater.
• Certain criminal history. If the tenant has a felony conviction or has previously been evicted, the statute allows the landlord to require an additional deposit, generally up to an amount equal to two months' rent.

Service animals are not pets, so a landlord cannot charge a pet deposit for them. If your landlord is demanding more than these limits allow, that is a red flag worth raising in writing and, if needed, with a North Dakota tenant attorney or legal aid office.

The 30-day return deadline and itemized statement

After you move out and return the keys or otherwise surrender possession, the landlord has 30 days to either refund your full deposit or send you the balance along with a written, itemized list of any amounts withheld. The clock generally runs from the later of the lease ending or you delivering possession, so leaving promptly and giving a clear forwarding address protects your timeline.

• Always give the landlord your new mailing address in writing. If they mail the refund and statement to your last known address, that can satisfy the law even if you never picked it up.
• Take time-stamped photos or video of the unit at move-out, ideally after cleaning. This is your best evidence if a deduction is later disputed.
• Keep your lease, payment records, and any move-in inspection paperwork. A documented move-in condition makes it much harder for a landlord to blame pre-existing issues on you.

What can and cannot be deducted

A North Dakota landlord may deduct for unpaid rent, for cleaning needed to return the unit to its move-in condition, and for repairing actual damage the tenant or their guests caused. What a landlord may not do is charge you for normal wear and tear—the ordinary aging that happens when someone simply lives in a place.

• Usually deductible: unpaid rent, large stains or burns in carpet, broken fixtures, holes in walls, pet damage, and removing trash or belongings you left behind.
• Usually NOT deductible (normal wear and tear): faded paint, minor scuffs, small nail holes, lightly worn carpet, and general fading from sunlight or age.

The difference between damage and wear and tear is where most disputes happen. If a landlord tries to deduct the full cost of repainting or replacing carpet that was already old, you can push back—repairs should account for the item's remaining useful life, not bill you for an upgrade.

Interest on your deposit

North Dakota's statute requires landlords to hold security deposits in an interest-bearing account (such as a savings or checking account). If your tenancy lasts long enough—commonly stated as nine months or more—you are generally entitled to the interest earned on the deposit. Because interest rules and thresholds can be adjusted, confirm the current requirement and ask your landlord which institution holds the deposit.

Penalties for wrongful withholding and suing in small claims

If a landlord keeps your deposit in bad faith—meaning without a legitimate, documented reason—North Dakota law allows you to recover more than just the amount owed. The statute provides for damages of up to three times the amount wrongfully withheld when the retention was in bad faith, on top of the deposit itself.

To pursue this, most tenants use small claims court, which in North Dakota is handled within the district court system and currently hears disputes up to $15,000. Small claims is designed for people without lawyers: filing fees are modest, the process is informal, and you present your photos, lease, and the itemized statement (or lack of one) directly to the judge.

• Start with a written demand letter. Send it to the landlord, state the amount owed and the 30-day rule, and keep a copy and proof of mailing.
• If that fails, file in the small claims court for the county where the property sits or where the landlord can be served.
• Bring everything: lease, photos, receipts, the itemized statement, and your forwarding-address proof.

This article is general legal information, not legal advice. Landlord-tenant law changes over time and cities or counties may add their own rules, so confirm the current North Dakota statute or talk with a North Dakota tenant/landlord attorney or legal aid office—especially if a large deposit, possible bad-faith withholding, or treble damages are at stake.