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

North Dakota law gives a landlord 30 days to return the deposit or send an itemized statement of any deductions, under N.D. Cent. Code § 47-16-07.1. Count from the day your tenancy ended; if that window has passed and you haven't been paid or itemized, your landlord is late.

What penalty can a North Dakota landlord face for wrongfully keeping a deposit?

Under N.D. Cent. Code § 47-16-07.1, up to three times the amount wrongfully withheld if a court finds the deposit was withheld without reasonable justification, plus attorney's fees. That is something a court may award if it finds bad faith — it is not automatic, and you would still need to make that case. North Dakota also lets a prevailing tenant recover attorney's fees.

Does my North Dakota landlord have to itemize deductions?

Yes. Under N.D. Cent. Code § 47-16-07.1, a North Dakota landlord must provide an itemized statement of any deductions within the return window. If the statement is missing or the deadline is missed, you can demand the full deposit back.

Can I take my North Dakota landlord to small claims court over my deposit?

Yes. If your landlord won't return the deposit after a written demand, you can file in North Dakota small claims court (small-claims dollar limits vary by court within the state). There you can ask the court to order the deposit returned, and — under N.D. Cent. Code § 47-16-07.1 — to seek up to three times the amount wrongfully withheld if a court finds the deposit was withheld without reasonable justification, plus attorney's fees plus attorney's fees, which the court may award if you prove your case. Small claims is designed to be navigated without a lawyer.

North Dakota security deposit law

North Dakota Security Deposit Law: Deadlines, Penalties & How to Get Your Deposit Back

North Dakota gives a landlord 30 days to return your security deposit or send an itemized statement of deductions, under N.D. Cent. Code § 47-16-07.1. If that window has passed and you haven’t been paid, you have leverage — here’s exactly what the statute says and how to act on it.

North Dakota security-deposit law at a glance

Deadline to return / itemize: 30 days; after the tenancy ends
Bad-faith penalty exposure: Up to 3×; a court may award if it finds bad faith
Itemization required?: Yes; the landlord must justify any deduction
Attorney’s fees recoverable?: Yes; under N.D. Cent. Code § 47-16-07.1

How long does a North Dakota landlord have?

Under N.D. Cent. Code § 47-16-07.1, a North Dakota landlord has 30 days after your tenancy ends to return your deposit or provide an itemized statement of any deductions. North Dakota requires that itemized statement when the landlord keeps any part of the deposit. Count from the day the tenancy ended. If the deadline has passed and you haven’t been paid or itemized, your landlord is late — and that’s the leverage your demand letter is built on.

What penalty can a North Dakota landlord face?

A landlord who keeps a deposit in bad faith may owe up to 3× the deposit. Specifically, under N.D. Cent. Code § 47-16-07.1, North Dakota law lets a tenant seek up to three times the amount wrongfully withheld if a court finds the deposit was withheld without reasonable justification, plus attorney's fees.

Important: any penalty is something a court may award if it finds the landlord acted in bad faith — it is never automatic, and you would still need to make that case. North Dakota also lets a prevailing tenant recover attorney's fees.

How to get your deposit back in North Dakota

1. Send a written demand. Put the deadline your landlord missed and the statute (N.D. Cent. Code § 47-16-07.1) in writing, by certified mail with return receipt, so you have proof of the date they received it.
2. Keep your records. Move-out photos, the walkthrough checklist, your lease, and proof you gave a forwarding address are your evidence if the landlord disputes the claim.
3. If they don’t pay, file in small claims. You can ask a North Dakota small claims court to order the deposit returned, and — under N.D. Cent. Code § 47-16-07.1 — to seek up to three times the amount wrongfully withheld if a court finds the deposit was withheld without reasonable justification, plus attorney's fees plus attorney's fees, which the court may award if you prove your case. The small-claims dollar limit varies by court within the state, so check your county’s limit before filing.

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Run the free leverage check — enter your deposit and how long it’s been, and we’ll show you exactly how many days past North Dakota’s 30-day deadline your landlord is and the penalty exposure under N.D. Cent. Code § 47-16-07.1. Then, for a flat $39, get a firm, statute-cited demand letter you send yourself plus a North Dakota small-claims escalation roadmap. You keep 100% of whatever you recover.

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North Dakota security deposit FAQ

How long does a landlord have to return a security deposit in North Dakota?: North Dakota law gives a landlord 30 days to return the deposit or send an itemized statement of any deductions, under N.D. Cent. Code § 47-16-07.1. Count from the day your tenancy ended; if that window has passed and you haven't been paid or itemized, your landlord is late.
What penalty can a North Dakota landlord face for wrongfully keeping a deposit?: Under N.D. Cent. Code § 47-16-07.1, up to three times the amount wrongfully withheld if a court finds the deposit was withheld without reasonable justification, plus attorney's fees. That is something a court may award if it finds bad faith — it is not automatic, and you would still need to make that case. North Dakota also lets a prevailing tenant recover attorney's fees.
Does my North Dakota landlord have to itemize deductions?: Yes. Under N.D. Cent. Code § 47-16-07.1, a North Dakota landlord must provide an itemized statement of any deductions within the return window. If the statement is missing or the deadline is missed, you can demand the full deposit back.
Can I take my North Dakota landlord to small claims court over my deposit?: Yes. If your landlord won't return the deposit after a written demand, you can file in North Dakota small claims court (small-claims dollar limits vary by court within the state). There you can ask the court to order the deposit returned, and — under N.D. Cent. Code § 47-16-07.1 — to seek up to three times the amount wrongfully withheld if a court finds the deposit was withheld without reasonable justification, plus attorney's fees plus attorney's fees, which the court may award if you prove your case. Small claims is designed to be navigated without a lawyer.

Sources

The North Dakota facts on this page are drawn from N.D. Cent. Code § 47-16-07.1 and the references below. Always confirm the current text of the statute for your situation.