30 days after move-out | Up to 2x your deposit | N.D. Cent. Code §47-16-07.1
Law verified March 1, 2026
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Check My DepositNorth Dakota security deposit law is governed by N.D. Cent. Code §47-16-07.1, which sets out the rights and obligations of both landlords and tenants. Under this statute, your landlord has 30 days after you move out to either return your full security deposit or provide a written itemized statement of any deductions - along with the remaining balance.
If your landlord misses this deadline or wrongfully withholds your deposit, North Dakota law allows you to recover up to 2x the amount wrongfully withheld - automatically, without needing to prove intent or bad faith. This penalty applies on top of recovering the deposit itself, making timely compliance a serious financial obligation for landlords.
North Dakota also requires landlords to provide a written, itemized breakdown of all deductions within the deadline window. A vague entry like “repairs” or “damages” without specific descriptions and dollar amounts is generally insufficient under N.D. Cent. Code §47-16-07.1. If no proper itemization was provided on time, the deductions may be invalid regardless of their underlying merit.
Critically, N.D. Cent. Code §47-16-07.1 explicitly prohibits landlords from charging for normal wear and tear - the gradual deterioration that results from ordinary, reasonable use of the property. This includes routine repainting, carpet wear from foot traffic, minor wall scuffs, and similar everyday wear. Charges for these items are not legally permitted in North Dakota.
The sections below explain each aspect of North Dakota deposit law in detail. If you have already received a deduction or no deposit return, our free analysis tool evaluates your specific situation against N.D. Cent. Code §47-16-07.1, estimates the maximum modeled recovery, and generates a personalized demand letter.
Deadline
Under N.D. Cent. Code §47-16-07.1, your North Dakota landlord has 30 days to return your security deposit from the date you move out. This deadline applies regardless of whether your landlord believes deductions are owed. If they want to make deductions, they must still respond within this window with an itemized written statement.
The 30-day clock starts on your move-out date.
Penalty
If your North Dakota landlord wrongfully withholds your deposit, you may be entitled to recover up to 2 times the amount wrongfully kept under N.D. Cent. Code §47-16-07.1. This is on top of recovering the deposit itself. The multiplier is the penalty for the violation. Double the amount wrongfully withheld.
No intent required. Miss the 30-day deadline and the 2x cap can apply under N.D. Cent. Code §47-16-07.1. Your landlord cannot avoid it by claiming forgetfulness or confusion.
Example
N.D. Cent. Code §47-16-07.1
Itemization
North Dakota law requires your landlord to provide an itemized written statement of any deductions within the same 30-day window. The statement must list each specific deduction with a corresponding dollar amount. A vague statement like "cleaning and repairs: $400" is generally insufficient; line items are required.
Legal Reference
Wear & Tear ProtectedQuestions
Your North Dakota landlord has 30 days after your move-out date to return your security deposit along with an itemized statement of any deductions. This deadline is set by N.D. Cent. Code §47-16-07.1.
If your landlord misses the 30-day deadline, you may be entitled to up to 2× the amount wrongfully withheld under N.D. Cent. Code §47-16-07.1. This penalty applies automatically. You don't need to prove intent.
No. North Dakota law under N.D. Cent. Code §47-16-07.1 explicitly prohibits landlords from deducting for normal wear and tear. This includes faded paint, minor scuffs, small nail holes, and carpet thinning from regular use. Deductions must be for actual damage beyond what normal living causes.
North Dakota small claims court handles disputes up to $15,000. Most security deposit cases fall well within this limit. No attorney is required, and filing fees are typically $30–$75. Cases are usually heard within 4–8 weeks of filing.
The statute of limitations for security deposit claims in North Dakota is 6 years from the date of the violation. Don't wait. Gather documentation and act promptly. After the statute of limitations expires, you lose your legal right to recover the deposit.
North Dakota landlords must provide a written, itemized statement listing each deduction with a specific dollar amount. Vague descriptions like "repairs: $500" are generally insufficient; the statement should identify what was repaired and why. This itemization must be provided within 30 days.
Topics
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