What are the laws governing the return of a security deposit after a tenant moves out?
In North Dakota, security deposits are governed by the state’s landlord-tenant laws. A landlord is not permitted to collect more than one month’s rent for a security deposit. When a tenant moves out, the landlord has 30 days to return the security deposit or provide a written explanation of the deductions to the tenant. Common deductions from a security deposit include back rent and/or damage to the property. The landlord is also required to provide the tenant with an itemized list of all deductions and a forwarding address where the tenant can receive a refund, if applicable. The security deposit cannot be used to cover normal wear and tear expenses. The landlord must also have a written, signed agreement with the tenant detailing the use of the deposit. The landlord also must provide written notice to the tenant if the address of where they should receive the refund of the security deposit changes. The landlord may make additional deductions from the deposit if the tenant fails to give 30 days’ notice of leaving the property, if the tenant has not paid the full rent for the last month, or if the tenant left the property in an unclean condition. If the landlord fails to comply with any of the security deposit provisions in North Dakota law, the tenant may be eligible to receive two times the amount of the security deposit as damages.
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