North Dakota Mold Laws and Tenant Rights

Start by providing your landlord with written notice describing the problem and requesting repairs. Keep a copy of the notice for your records. If the landlord does not respond within a reasonable time, you can contact your local city code enforcement office (in cities like Fargo or Bismarck), seek assistance from Legal Services of North Dakota, or use the repair-and-deduct remedy.

If your landlord fails to address mold within a reasonable time after written notice, you have several options under N.D.C.C. Section 47-16-13: (1) repair the premises yourself and deduct the expense from rent; (2) recover repair costs through a lawsuit; (3) vacate the premises and be discharged from further rent; or (4) sue for damages in small claims court (up to $15,000).

North Dakota requires landlords to provide a statement describing the condition of the rental at lease signing under N.D.C.C. Section 47-16-07.2. While there is no comprehensive mold disclosure law, landlords should disclose known mold that exceeds safety limits or poses health concerns. Failure to disclose known hazardous conditions could expose landlords to liability.

No. While North Dakota case law on retaliatory eviction is still developing, landlords are prohibited from evicting tenants in retaliation for exercising legal rights, such as reporting habitability violations. Landlords also cannot increase rent in retaliation. If your landlord attempts unlawful eviction through lockout or utility shutoff, you may sue for triple damages.

Generally, landlords are responsible for mold caused by building defects, leaks, or maintenance failures under their duty to maintain habitable premises. However, tenants have obligations under N.D.C.C. Section 47-16-13.2 to keep their unit clean and use facilities reasonably. Tenants may be responsible if mold results from their own negligence, such as failing to report leaks promptly or causing excess moisture.

Under N.D.C.C. Section 47-16-07.1, landlords generally cannot require security deposits exceeding one month's rent. Exceptions allow up to two months' rent for individuals with felony convictions or those with prior judgment violations. Pet deposits may be up to $2,500 or two months' rent, whichever is greater. Landlords must return deposits within 30 days of lease termination and are liable for triple damages if they wrongfully withhold deposits.

North Dakota law requires repairs within a "reasonable time" after notice, which is determined case by case based on circumstances. For serious problems affecting habitability (like no heat in winter or active water leaks), repairs should be made promptly. For non-emergency repairs, 7-14 days is typically considered reasonable before tenants may pursue remedies like repair-and-deduct.