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North Dakota Tenant Laws

    Access to the Property

    • The lawful tenant of the rental property has the right to access the property at all times. It is illegal for the landlord to bar a tenant's entry by changing locks, bolting windows, cutting off utilities or stealing a tenant's property. Even if a tenant is behind in the rent, a landlord is still barred from taking these actions. The only way to legally evict a rental property tenant in North Dakota and every other state around the country is through a court order.

    Duties of the Tenant

    • It is the tenant's duty to keep his rental property clean and safe in accordance with local housing ordinances. A tenant is required to remove garbage from the property regularly, use building facilities within reason and ensure any guests do nothing to disturb other tenants. The landlord may hold the tenant personally responsible for any property damage caused by his guests if the damage occurred with willful intent.

    Security Deposit

    • A landlord may charge a tenant a one-time security deposit to cover any damages to the property outside of normal wear and tear during the tenancy. When the lease concludes, the landlord may only hold the security deposit for up to 30 days before being legally required to return it to the tenant. If the tenancy lasted longer than nine months, the landlord is required to pay interest on the security deposit to his former tenant.

    Repairs to the Property

    • The tenant has the right to submit a written request for the landlord to make repairs to the property to bring in line with local housing ordinances for safety. The landlord is given a reasonable amount of time to schedule and make the repairs. If the landlord refuses to make repairs, a tenant has three options: the tenant can inform the landlord he is making the repairs and deduct the cost of those repairs from his next month'[s rent, the tenant can sue the landlord in Small Claims Court to force repairs and cover damages, and he can break the lease. Breaking the lease should only be done if serious problems exist with the rental property.

    Rental Payments and Increases

    • If a tenant rents the property with others, each is responsible for a portion of the rent along with any utility payments. If one tenant moves out, the remaining tenants are still responsible for the full rent and utility payments. If a tenant rents month-to-month, a landlord may legally increase the rent whenever he chooses as long as written notice is provided to the tenant 30 days in advance. If a tenant rents by the year, his monthly rental payment may only be increased once the lease expires.

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