What North Dakota requires
- When the rental agreement is entered into, the landlord gives the tenant a statement describing the condition of the facilities in and about the premises, agreed to and signed by bothN.D. Century Code s. 47-16-07.2 · North Dakota Attorney General, Tenant Rights
- The signed statement is prima facie proof of the condition of the facilities and premises at the beginning of the rental agreement; the Attorney General's guidance warns tenants they are presumed to have caused damage not listed on itN.D. Century Code s. 47-16-07.2 · North Dakota Attorney General, Tenant Rights
- At the end of the lease the deposit and interest may go toward damage from the tenant's pet or the negligence of the tenant or their guest, unpaid rent, and cleaning or repairs that were the tenant's responsibility and are needed to return the unit to its original state when the tenant took possession, reasonable wear and tear exceptedN.D. Century Code s. 47-16-07.1 (3)
- Within 30 days after the lease ends and the tenant gives up possession, the landlord delivers or mails to the last address the tenant gave an itemization of any part of the deposit kept, the amount due, and a written notice stating any amount still owed or the refund dueN.D. Century Code s. 47-16-07.1 (3) · North Dakota Attorney General, Tenant Rights
- A landlord who withholds deposit money without reasonable justification is liable for treble damagesN.D. Century Code s. 47-16-07.1 (4)
- To inspect during the tenancy, the landlord enters only at reasonable hours and in a reasonable manner, first notifying the tenant and getting their consent for a time certain unless that is impractical; consent is presumed if the tenant does not object after notice of a time certainN.D. Century Code s. 47-16-07.3 (2)
- The tenant keeps the part of the premises they use as clean and safe as its condition permits and does not deliberately or negligently damage any part of itN.D. Century Code s. 47-16-13.2
The signed statement of condition
When the rental agreement is entered into, the landlord gives the tenant a statement describing the condition of the facilities in and about the premises. The landlord and the tenant both agree to it and sign it.
The signed statement is prima facie proof of the condition at the beginning of the rental agreement. The Attorney General's guidance tells tenants to note every existing damage before signing, because they are presumed to have caused damage that is not listed. A thorough statement protects both sides.
What the deposit can cover
At the end of the lease, the deposit and its interest may go toward damage from the tenant's pet or from the negligence of the tenant or a guest, unpaid rent, and cleaning or repairs that were the tenant's responsibility and are needed to return the unit to its original state when the tenant moved in. Reasonable wear and tear is excepted.
During the tenancy, the tenant keeps the space they use as clean and safe as its condition permits, and does not deliberately or negligently damage it.
Itemize within 30 days
Any part of the deposit not paid back is itemized. The itemization and the amount due are delivered or mailed to the last address the tenant gave, with a written notice stating any amount still owed or the refund due, within 30 days after the lease ends and the tenant gives up possession.
Withholding deposit money without reasonable justification exposes the landlord to treble damages.
Inspections during the tenancy
To inspect while the tenant lives there, the landlord enters at reasonable hours and in a reasonable manner, and first notifies the tenant and gets consent for a time certain unless that is impractical. A tenant who does not object after notice of a time certain is presumed to consent; consent may not be unreasonably withheld.
From walkthrough notes to a finished North Dakota report
At move-in, walk every room and note each facility and any existing damage. ReportDraft writes it up as a room-by-room statement of condition, ending with a statement both of you agree to and lines for the landlord and the tenant to sign.
At move-out, the same rooms and items show what changed from the original state, ready for the 30-day itemization.
Common mistakes
- Starting a tenancy without a signed statement of the premises' condition.
- Writing a vague statement that leaves existing damage off, which can later be presumed to be the tenant's.
- Charging for reasonable wear and tear instead of returning the unit to its original state.
- Sending the itemization more than 30 days after the tenant gives up possession.
- Entering for an inspection without notice and consent for a time certain.
Sources
- N.D. Century Code s. 47-16-07.2, checked October 9, 2026
- North Dakota Attorney General, Tenant Rights, checked October 9, 2026
- N.D. Century Code s. 47-16-07.1 (3), checked October 9, 2026
- N.D. Century Code s. 47-16-07.1 (4), checked October 9, 2026
- N.D. Century Code s. 47-16-07.3 (2), checked October 9, 2026
- N.D. Century Code s. 47-16-13.2, checked October 9, 2026
Last reviewed October 9, 2026. Next review due January 9, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.