A North Dakota Rental Application is essential for property owners to carefully assess prospective tenants before offering a lease agreement. By utilizing our comprehensive form, landlords can collect critical information such as financial, employment, and rental history from each applicant.
Laws
- Application Fee – Non-refundable
- Fee Limits – No limits
- Security Deposit – § 47-16-07.1 – Landlords can request up to a month’s rent as a security deposit, and if the applicant has pets, the maximum charge can be up to two months’ rent or $2,500, whichever is lower.
Application Fees
Everyone should know several specific points regarding state law governing application fees and security deposits. [1]
There is no limit to the fee amount that a landlord can charge a tenant for processing an application. The fee should be reasonable and comparable to the costs of processing and conducting background checks.
Fair Housing Protections
- Landlords and property owners must follow the Federal Fair Housing Act and North Dakota fair housing laws. [2]
- Landlords are allowed to ask the age of their applicants only if the property is an age-specific community, such as a senior living community. [3]
- They can also ask about religious beliefs only if a religious group owns the property [4] .
- Landlords can access the State Sex Offender Registry to check if applicants are registered sex offenders.
Protected Classes
Race, Color, Sex, Familial status, National origin, Disability, Religion, Age, Marital status, Source of income, Pregnancy
Security Deposit Limits
- Limit: A landlord cannot charge more than one month’s rent for a security deposit. The landlord can charge up to two months’ rent if the applicant has been convicted of a felony. [5]
- Separate Account: Landlords are not required to keep security deposits in a separate account, but it is a good practice to avoid mixing tenant funds with personal or business accounts.
- Return of Security Deposit: Landlords must return the security deposit within 30 days after the tenant moves out. If any deductions are made for damages or unpaid rent, the landlord must provide an itemized list of charges along with the remaining deposit.
Pet Deposit
Landlords can charge a pet security deposit of up to $2,500 or two months’ rent. The exception is that if the pet is a service animal to the tenant, fair housing laws prohibit charging a pet deposit.
Sample
