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Security Deposit Return in North Dakota

September 27, 2026 · LawDiver Research Team

If you only remember one point about getting a security deposit back in North Dakota, remember this: The cap is 1 month's rent (pet deposits may be additional within limits). The return deadline is 30 days after termination of the lease / surrender of possession, with an itemized list of deductions. Interest: Yes after nine months of occupancy — interest must be paid on the deposit. Procedure, examples, and the opinions below hang off N.D. Cent. Code § 47-16-07.1. Wrongful withholding can support damages of up to three times the amount wrongfully withheld plus attorney fees in bad-faith cases.

Interest and accounting

Yes after nine months of occupancy — interest must be paid on the deposit.

Walking through North Dakota facts

Use this walkthrough to see which North Dakota authority does the work at each step.

A residential tenant moves out of a North Dakota rental and the landlord has not returned the deposit.

Check the cap that applied when the deposit was collected: 1 month's rent (pet deposits may be additional within limits).
Calendar the return deadline: 30 days after termination of the lease / surrender of possession, with an itemized list of deductions
Interest, if any: Yes after nine months of occupancy — interest must be paid on the deposit.
If the landlord keeps money without the required accounting: Wrongful withholding can support damages of up to three times the amount wrongfully withheld plus attorney fees in bad-faith cases.

North Dakota generally caps deposits at one month’s rent, requires interest after nine months, and mandates return with itemization within 30 days. Small claims is the usual forum.

Penalties for wrongful withholding

Wrongful withholding can support damages of up to three times the amount wrongfully withheld plus attorney fees in bad-faith cases.

Practical process for tenants and landlords

North Dakota generally caps deposits at one month’s rent, requires interest after nine months, and mandates return with itemization within 30 days. Small claims is the usual forum.

Document the unit with dated photos or video at move-in and move-out, keep the lease and any inspection checklist, and send a dated written demand if the deadline passes without a lawful accounting.

Case law: security deposits in North Dakota

Kathy NELSON, Plaintiff and Appellee v. Carol JOHNSON, Defendant and Appellant

Kathy NELSON, Plaintiff and Appellee v. Carol JOHNSON, Defendant and Appellant, 2010 N.D. LEXIS 25 (2010)

…y of each month and also required Johnson to provide a $400 security deposit. [¶ 3] At the time the lease was executed, Johnson did not have a full-time permanent *775 job, and she had difficulty paying her rent. In a notice dated December 8, 2008, Nelson provided Johnson with a three-day notice that her December rent was past due and that she had three days to pay the past-due…

North Dakota opinions such as Kathy NELSON, Plaintiff and Appellee v. Carol JOHNSON, Defendant and Appellant are cited where security deposits is disputed. The court stated: "Johnson to provide a $400 security deposit. [¶ 3] At the time the lease was executed, Johnson did not have a full-time permanent *775 job, and she had difficulty paying her rent." That is the language to brief; the rest of the decision supplies the procedural posture.

Jenese A. PETERS-RIEMERS, Plaintiff and Appellee, v. Roland C. RIEMERS, Defendant and Appellant

Jenese A. PETERS-RIEMERS, Plaintiff and Appellee, v. Roland C. RIEMERS, Defendant and Appellant, 2003 N.D. LEXIS 107 (2003)

…vorce action; 3. An order requiring Roland to turn over all security deposit[s] for all tenants of the building located 217 Chestnut and all the tenants of the building at 309 5th St. N.; 4. An order requiring Roland to pay the back taxes on the Grand Forks properties; 5. An order requiring Roland, and Roland’s agents, to cease and desist any interference with Jenese’s operatio…

Practitioners open Jenese A. PETERS-RIEMERS, Plaintiff and Appellee, v. Roland C. RIEMERS, Defendant and Appellant when North Dakota security deposits turns on the distinction in this sentence: "An order requiring Roland to turn over all security deposit[s] for all tenants of the building located 217 Chestnut and all the tenants of the building at 309 5th St. N.; 4. An order requiring Roland to pay the back taxes on the Grand Forks properties; 5." Do not lift it out of the facts the court was deciding.

Glenn MITCHELL and Mike Neuwirth, Plaintiffs and Appellees, v. Richard PREUSSE, Defendant and Appellant

Glenn MITCHELL and Mike Neuwirth, Plaintiffs and Appellees, v. Richard PREUSSE, Defendant and Appellant, 1984 N.D. LEXIS 418 (1984)

…and paid him $300 for the first month’s rent and $300 as a security deposit. On 2 September 1983 Mitchell and Neu-wirth arrived in Fargo and discovered the remodeling had not been completed and the apartment was in substantially the same condition it was when they had signed the lease a month earlier. Preusse indicated the apartment would be ready for occupancy by 7 September,…

Practitioners open Glenn MITCHELL and Mike Neuwirth, Plaintiffs and Appellees, v. Richard PREUSSE, Defendant and Appellant when North Dakota security deposits turns on the distinction in this sentence: "On 2 September 1983 Mitchell and Neu-wirth arrived in Fargo and discovered the remodeling had not been completed and the apartment was in substantially the same condition it was when they had signed the lease a month earlier." Do not lift it out of the facts the court was deciding.

Donald GRABER, Plaintiff and Appellant, v. Sonia ENGSTROM, Defendant and Appellee

Donald GRABER, Plaintiff and Appellant, v. Sonia ENGSTROM, Defendant and Appellee, 1986 N.D. LEXIS 291 (1986)

…t of $480 for Graber’s unreasonable withholding of her $160 security deposit, $200 for Engstrom’s partial attorney fees, and costs of the suit. The major issue raised by Graber in this appeal is whether the trial court erred in considering parol evidence of his promises to repair or renovate the mobile home. Graber asserts that the written lease placed the responsibility for ma…

Practitioners open Donald GRABER, Plaintiff and Appellant, v. Sonia ENGSTROM, Defendant and Appellee when North Dakota security deposits turns on the distinction in this sentence: "Graber’s unreasonable withholding of her $160 security deposit, $200 for Engstrom’s partial attorney fees, and costs of the suit." Do not lift it out of the facts the court was deciding.

Kara and Kent POPPE, Plaintiffs and Appellants v. Theresa STOCKERT, D/B/A Community Blessings and Pamela Hillis

Kara and Kent POPPE, Plaintiffs and Appellants v. Theresa STOCKERT, D/B/A Community Blessings and Pamela Hillis, 2015 N.D. LEXIS 256 (2015)

…of the property. The lessor may recover, from the lessee’s security deposit, any storage and moving expenses in excess of the proceeds from the sale incurred in disposing of the property. If the lessor removes the abandoned property from the dwelling unit after a judgment of eviction has been obtained and the special execution has been served, the lessor has a lien upon the pr…

Kara and Kent POPPE, Plaintiffs and Appellants v. Theresa STOCKERT, D/B/A Community Blessings and Pamela Hillis is worth reading on North Dakota security deposits because the court put the point in its own words: "The lessor may recover, from the lessee’s security deposit, any storage and moving expenses in excess of the proceeds from the sale incurred in disposing of the property." Use that passage as the starting point, then read the facts that precede it.

Dan and Leanne ABELMANN, Plaintiffs and Appellants v. SMARTLEASE USA, L.L.C., Defendant and Appellee

Dan and Leanne ABELMANN, Plaintiffs and Appellants v. SMARTLEASE USA, L.L.C., Defendant and Appellee, 2014 N.D. LEXIS 222 (2014)

…se. They asserted SmartLease failed to pay them rent or the security deposits required by the lease and failed to provide proper management for the land. According to them, a property manager hired by SmartLease, Aaron Smith, failed to provide proper on-sight management for the property and eventually quit, which resulted in no on-site management for the property. They claimed…

Practitioners open Dan and Leanne ABELMANN, Plaintiffs and Appellants v. SMARTLEASE USA, L.L.C., Defendant and Appellee when North Dakota security deposits turns on the distinction in this sentence: "They asserted SmartLease failed to pay them rent or the security deposits required by the lease and failed to provide proper management for the land." Do not lift it out of the facts the court was deciding.

WORKING CAPITAL 1, LLC, and v. QUALITY AUTO BODY, INC. and Bradley R. Huebner, and and Any other occupant or person

WORKING CAPITAL 1, LLC, and v. QUALITY AUTO BODY, INC. and Bradley R. Huebner, and and Any other occupant or person, 2012 N.D. LEXIS 107 (2012)

…t lease term expired, and to provide Working Capital with a security deposit. [¶ 3] One and a half months before the lease expired, Quality Auto Body informed Working Capital it planned to exercise its right to renew the lease for another year. Working Capital responded and expressed its interest in a renewal but indicated Quality Auto Body was currently in default under the le…

Practitioners open WORKING CAPITAL 1, LLC, and v. QUALITY AUTO BODY, INC. and Bradley R. Huebner, and and Any other occupant or person when North Dakota security deposits turns on the distinction in this sentence: "Working Capital with a security deposit. [¶ 3] One and a half months before the lease expired, Quality Auto Body informed Working Capital it planned to exercise its right to renew the lease for another year." Do not lift it out of the facts the court was deciding.

Key takeaways

Maximum deposit: 1 month's rent (pet deposits may be additional within limits)
Return deadline: 30 days after termination of the lease / surrender of possession, with an itemized list of deductions
Interest: Yes after nine months of occupancy — interest must be paid on the deposit.
Penalties: Wrongful withholding can support damages of up to three times the amount wrongfully withheld plus attorney fees in bad-faith cases.
Primary authority: N.D. Cent. Code § 47-16-07.1.

Deposit limits in North Dakota

1 month's rent (pet deposits may be additional within limits)

When the deposit must be returned

30 days after termination of the lease / surrender of possession, with an itemized list of deductions

Frequently asked questions

How much can a landlord charge for a security deposit in North Dakota?