How can a tenant legally challenge a rent increase?

In North Dakota, a tenant can legally challenge a rent increase in a few ways. First, the tenant should review their rental agreement to see if the rent increase is permitted. Many rental agreements outline the percentage of rent increase a landlord can implement and the process for doing so. If the rental agreement does not address rent increases, a tenant may challenge the rent increase by filing a complaint in a Small Claims Court or by referring to the North Dakota Landlord and Tenant Code. The North Dakota Landlord and Tenant Code states that rent increases must be reasonable; they cannot be discriminatory or retaliatory. Meaning landlords may not raise rent in response to a tenant filing a complaint or exercising a legal right. If the tenant believes the rent increase violates the terms of the rental agreement or is otherwise unreasonable, they have the right to bring their case before a judge. The Small Claims Court is a court of limited jurisdiction that serves as an alternative to the traditional court system. The Small Claims Court is comparatively faster and less expensive than traditional court proceedings. The tenant should file a complaint with the Small Claims Court in the county where they reside, detailing the rent increase, the terms of their rental agreement, and any supporting evidence. A tenant who successfully challenges a rent increase may be entitled to legal fees, a partial or full refund of the rent increase, or even voiding the rent increase. However, tenants should always seek the advice of a legal professional to best assess their rights before filing a challenge.

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How can a tenant legally challenge a rent increase?

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