Tenant screening and landlord-tenant law in north dakota

North Dakota does not appear to have a statute capping rental application or tenant-screening fees. This is based on a direct review of NDCC Chapter 47-16 (Leasing of Real Property), North Dakota's primary landlord-tenant chapter, which contains security-deposit, habitability, and notice provisions but no application-fee section. Multiple secondary sources corroborate this "no cap" status, but because fee-cap laws can change with little notice, confirm current status before relying on it long-term.

North Dakota's Housing Discrimination Act, NDCC Chapter 14-02.5, prohibits housing discrimination based on race, color, religion, sex, disability, age, familial status, national origin, or "status with respect to marriage or public assistance" (NDCC 14-02.5-02). It does not add a statewide limit on how far back a landlord can look at criminal records, and it expressly allows a landlord to deny based on a conviction for illegal manufacture or distribution of a controlled substance. Beyond that carve-out, North Dakota does not appear to have a specific statewide "fair chance" or ban-the-box housing law. Federal fair-housing disparate-impact theory could still apply to a blanket criminal-history policy under the Fair Housing Act and case law such as Texas Dept. of Housing & Community Affairs v. Inclusive Communities Project (2015).

North Dakota does not use the phrase "source of income" in its housing law. However, NDCC 14-02.5-02 bars housing discrimination based on "status with respect to marriage or public assistance," and that chapter's definitions section allows the definitions in NDCC 14-02.4-02 to supplement it. NDCC 14-02.4-02(19) defines "status with regard to public assistance" to include "being a tenant receiving federal, state, or local subsidies, including rental assistance or rent supplements" — which would appear to cover Housing Choice Voucher (Section 8) holders. This reading connects two statutes rather than relying on an explicit "source of income" clause, so we'd flag it for legal confirmation before treating it as settled; in practice, it means voucher status may function as a protected characteristic in North Dakota even without that specific label.

FCRA is the governing framework for North Dakota tenant screening — North Dakota has no separate state consumer-reporting or investigative-consumer-report law layered on top of FCRA. That means the standard federal steps apply: written disclosure and authorization before pulling a report, a pre-adverse-action notice with a copy of the report and the FTC's "A Summary of Your Rights" if you may deny or condition an offer based on it, and a final adverse action notice under FCRA §615 once a decision is made.

Under NDCC 47-16-07.1, a North Dakota landlord generally may not collect a security deposit exceeding one month's rent, with two statutory exceptions: up to two months' rent as an incentive when renting to someone with a felony conviction, or up to two months' rent from someone with a prior judgment for violating a rental agreement. A separate pet deposit is allowed up to the greater of $2,500 or two months' rent. Deposits must be held in an interest-bearing account, and interest must be paid to the tenant unless the tenancy lasted less than nine months. Any deductions must be itemized in writing and, together with any refund, delivered or mailed within 30 days after lease termination and delivery of possession. A landlord who wrongfully withholds a deposit is liable for treble damages.

North Dakota does not have rent control, and state law affirmatively blocks it: NDCC 47-16-02.1 prohibits any North Dakota political subdivision from enacting or enforcing an ordinance that controls residential or commercial rent. There is no statewide just-cause eviction requirement; month-to-month tenancies generally end with at least one calendar month's notice from either party (NDCC 47-16-15). For eviction itself, NDCC Chapter 47-32 generally requires three days' written notice before filing in cases involving nonpayment of rent, holding over, or certain lease violations, and the eviction summons must generally give the tenant 3 to 15 days to appear in court. Separately, NDCC 47-32-05 allows a tenant who resolved a nonpayment-of-rent or property-damage eviction to ask a court to seal the related court records seven years after the order is satisfied (sooner for documented domestic-violence-related evictions). This is a court-record sealing mechanism, not a screening-report-specific restriction. North Dakota does not have an independent consumer-reporting statute that limits how tenant-screening companies may report eviction filings that a tenant won or settled.

North Dakota organizes local government through cities and townships rather than California-style "unincorporated county" areas, so outside city limits, land generally falls under township government rather than a county housing code. Fargo, Bismarck, and Grand Forks may have city-level tenant-screening requirements, such as a local fee cap, source-of-income ordinance, or criminal-history restriction; confirm current city code and each city's human relations office before making city-specific screening decisions. Because NDCC 47-16-02.1 preempts local rent control statewide, no North Dakota city can legally impose rent control regardless of local political interest.

Does North Dakota cap rental application or screening fees? North Dakota has no statewide cap; landlords may generally set their own fee, though a reasonable, cost-based amount is the safer practice.

How much can a North Dakota landlord charge for a security deposit? Generally one month's rent, with narrow exceptions allowing up to two months' rent in specific situations (felony-conviction incentive or a prior lease-violation judgment), plus a separate pet deposit capped at the greater of $2,500 or two months' rent.

Does North Dakota protect Housing Choice Voucher holders from discrimination? North Dakota doesn't use the term "source of income," but its housing discrimination law bars discrimination based on "status with respect to... public assistance," and a related statutory definition includes tenants receiving rental subsidies — so voucher status may be protected in practice. Confirm with counsel before relying on this reading.

How much notice does a North Dakota landlord have to give before eviction? Generally three days' written notice for nonpayment of rent, holdover tenancy, or certain lease violations, followed by a court summons giving the tenant 3 to 15 days to appear.

Checkr helps landlords and property managers run FCRA-compliant tenant screening with clear, structured reports. Get started with Checkr to build a screening process that fits North Dakota's rules alongside federal law.

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.