North Dakota Security Deposit Return Deadline

North Dakota security deposit return deadline at a glance

North Dakota landlords have 30 days to return a security deposit after the tenant vacates and the rental agreement terminates, under NDCC § 47-16-07.1. Any deductions must be accompanied by an itemized statement listing the specific damages or unpaid obligations. Bad-faith retention of all or part of the deposit exposes the landlord to treble damages (three times the amount wrongfully withheld) plus reasonable attorney fees.

How the North Dakota 30-day clock starts

The clock starts when two conditions are met: the tenant has vacated the premises, and the rental agreement has terminated (lease expiration, mutual termination, or proper notice period has run). Unlike some states, North Dakota does not condition the deadline on receipt of a forwarding address. The landlord should still obtain and verify a mailing address for delivery of the refund and itemized statement. Sending by certified mail to the last known address and retaining the receipt is the strongest proof of timeliness.

Penalties for missing the North Dakota deposit deadline

NDCC § 47-16-07.1 allows a tenant to recover treble damages (three times the amount wrongfully withheld) if the landlord acts in bad faith. Reasonable attorney fees are also recoverable. The treble-damages provision means that wrongfully retaining even a small portion of a deposit can result in a judgment several times larger than the original amount. Thorough move-out documentation (date-stamped photos, a written inspection report signed by both parties where possible) is the best defense.

North Dakota deposit cap and account requirements

NDCC § 47-16-07.1 caps the security deposit at one month's rent in most cases. There are exceptions for tenants with felony convictions or prior lease violations, where a landlord may collect a higher deposit. Deposits must be held in a federally insured interest-bearing savings or checking account. If the tenancy lasts nine months or longer, the landlord must pay simple interest at the Federal Reserve discount rate as of January 1 of that year.

How to use this calculator

Enter the date the tenant vacated, the date the lease terminated, and the deposit amount. The calculator returns North Dakota's 30-day deadline date and shows how many days remain before treble-damages exposure begins.

Frequently asked questions about North Dakota security deposits

How long does a landlord have to return a security deposit in North Dakota?

30 days from the date the tenant vacates and the rental agreement terminates (NDCC § 47-16-07.1). The landlord must also deliver an itemized statement of any deductions within that same 30-day window.

What is the penalty if a North Dakota landlord misses the deposit deadline?

Bad-faith retention exposes the landlord to treble damages (three times the amount wrongfully withheld) plus reasonable attorney fees under NDCC § 47-16-07.1. Courts look at whether the landlord had a good-faith basis for withholding and whether the itemized statement was timely.

Is there a maximum security deposit amount in North Dakota?

Yes. NDCC § 47-16-07.1 caps the deposit at one month's rent for most tenancies. Exceptions apply for tenants convicted of a felony or who have violated a prior lease, in which case the landlord may collect a larger deposit as specified by statute.

Does North Dakota require interest on security deposits?

Yes, for tenancies lasting nine months or longer. The landlord must pay simple interest at the Federal Reserve discount rate as of January 1 of each year. The deposit itself must be held in a federally insured interest-bearing savings or checking account (NDCC § 47-16-07.1).

What deductions can a North Dakota landlord make from a security deposit?

Deductions are limited to unpaid rent, damages beyond normal wear and tear, and other obligations specifically provided for in the rental agreement. Each deduction must be itemized and supported with documentation. Generic entries without specifics can be challenged as bad-faith retention.