Tenant Rights in Bismarck, North Dakota

Last updated: April 2026

Bismarck renters are governed by North Dakota state law, which provides fewer formal tenant protections than most states but does set rules on deposits, notice, and the eviction process. Here is what every Bismarck tenant needs to know.

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Key Takeaways

  • Rent Control: None — North Dakota has no rent control law.
  • Security Deposit: Capped at 1 month's rent; must be returned within 30 days with an itemized statement. Full deposit plus damages for wrongful withholding (N.D.C.C. § 47-16-07.1).
  • Notice to Vacate: Month-to-month tenants must receive at least 30 days' written notice to terminate the tenancy (N.D.C.C. § 47-16-15).
  • Just Cause Eviction: North Dakota does not require just cause to terminate a lease at expiration. Landlords must file in district court.
  • Local Resources: Legal Services of North Dakota (legalassist.org), Bismarck Housing Authority

1. Overview: Tenant Rights in Bismarck

Bismarck is the state capital of North Dakota and the seat of Burleigh County. Renters in Bismarck are governed by North Dakota state law, which provides fewer formal tenant protections than most states. There is no rent control, no comprehensive statewide habitability code with strong tenant remedies, and the security deposit statute is relatively limited. Your lease terms and local housing codes are often your primary protections. Understanding what the law does and does not provide is essential for every Bismarck renter.

2. Does Bismarck Have Rent Control?

Bismarck has no rent control, and North Dakota has no statewide rent control law. Landlords may raise rent by any amount, but must provide proper written notice. For month-to-month tenancies, at least 30 days' written notice is required before the landlord may terminate the tenancy (N.D.C.C. § 47-16-15). Review your lease for any notice requirements that exceed the statutory minimum.

3. North Dakota State Tenant Protections That Apply in Bismarck

North Dakota law provides the following key protections for Bismarck tenants:

  • Security Deposit: Deposits are capped at 1 month's rent. Landlords must return the deposit within 30 days with an itemized statement. If they fail, you may recover the full deposit plus damages (N.D.C.C. § 47-16-07.1).
  • Habitability: North Dakota recognizes an implied warranty of habitability, though tenant remedies are limited in statute. For serious habitability violations, file a complaint with Bismarck's city code enforcement.
  • Eviction Process: Landlords must provide written notice and file for eviction in district court. Self-help eviction is prohibited statewide (N.D.C.C. § 47-32-01).
  • Retaliation: North Dakota has limited statutory retaliation protections. Document all communications in writing and seek legal aid if you believe you are being retaliated against.

4. Security Deposit Rules in Bismarck

Under N.D.C.C. § 47-16-07.1, North Dakota caps security deposits at 1 month's rent. Your landlord must return the deposit within 30 days of move-out along with a written, itemized statement of any deductions. If the landlord fails to comply, you may recover the full deposit amount plus damages. Normal wear and tear cannot be deducted. Document the condition of the unit at move-in and move-out with dated photos and a written checklist to protect yourself from unjust deductions.

5. Eviction Process and Your Rights in Bismarck

To evict a tenant in Bismarck, a landlord must first provide written notice. For nonpayment of rent, that is typically 3 days' written notice to pay or vacate. For a month-to-month tenancy termination, at least 30 days' written notice is required (N.D.C.C. § 47-16-15). If you do not comply, the landlord must file for eviction in Burleigh County District Court. You have the right to appear and contest the eviction. Only after a court judgment and writ of eviction may you be removed. Self-help eviction is prohibited statewide under N.D.C.C. § 47-32-01.

6. Resources for Bismarck Tenants

Frequently Asked Questions

Does Bismarck have rent control?

No. Bismarck has no rent control ordinance, and North Dakota has no statewide rent control law. Landlords may raise rent by any amount with proper written notice.

How much can my landlord raise my rent in Bismarck?

There is no limit on rent increases in Bismarck or anywhere in North Dakota. For month-to-month tenancies, the landlord must provide at least 30 days' written notice before terminating the tenancy (N.D.C.C. § 47-16-15). Check your lease for any specific notice requirements.

How long does my landlord have to return my security deposit in Bismarck?

Your landlord must return your security deposit within 30 days of move-out with a written itemized statement of any deductions (N.D.C.C. § 47-16-07.1). North Dakota also caps deposits at 1 month's rent. If the landlord fails to comply, you may recover the full deposit plus damages.

What notice does my landlord need before evicting me in Bismarck?

For nonpayment of rent, the landlord typically must give 3 days' written notice to pay or vacate. For a month-to-month tenancy termination, at least 30 days' written notice is required (N.D.C.C. § 47-16-15). If you do not vacate, the landlord must file in Burleigh County District Court.

Can my landlord lock me out or shut off utilities in Bismarck?

No. Self-help eviction is prohibited in North Dakota. A landlord cannot change your locks, remove your property, or shut off utilities to force you out without a court order (N.D.C.C. § 47-32-01). Contact Legal Services of North Dakota immediately if this occurs.

What can I do if my landlord refuses to make repairs in Bismarck?

Send your repair request in writing and keep a copy. North Dakota recognizes an implied warranty of habitability. For serious violations, contact Bismarck's code enforcement office to file a complaint. Because statutory tenant remedies are limited in North Dakota, contact Legal Services of North Dakota (legalassist.org) for guidance on your options.

This article provides general information about tenant rights in Bismarck, ND and is not legal advice. Laws change — verify current rules with a local attorney or legal aid organization.

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