North Dakota Move-In/Move-Out Checklist Requirements 2026

The Statute That Makes the Checklist Mandatory

North Dakota law requires only one disclosure at the start of a tenancy: landlords must give tenants a statement describing the condition of the rental when the tenant signs the rental agreement, and both parties must sign it. That requirement comes from N.D. Cent. Code § 47-16-07.2 (2024).

According to N.D. Cent. Code § 47-16-07.2, a landlord must provide the tenant with a statement describing the condition of the facilities in and about the premises at the time of entering into a lease agreement. The statement must be agreed to and signed by both the landlord and the tenant, and it serves as proof of the condition of the facilities and the premises at the beginning of the rental agreement.

A North Dakota lease agreement must include a statement describing the condition of the property before the tenancy begins. The statement should be signed by both the landlord and the tenant and serves as proof of the condition of the premises at the beginning of the tenancy. In practice, this is what the industry calls a "move-in checklist" or "condition statement," and in North Dakota it's not optional — it's the only mandatory landlord disclosure in the state's residential landlord-tenant code.

The landlord must provide a detailed document describing the property's current condition. The tenant should note any existing damages on the document before both parties sign it. The tenant is presumed to have caused any damages not listed on this document. That presumption is the whole reason the checklist matters: whatever you fail to document at move-in becomes your tenant's legal liability at move-out.

What Move-Out Inspection Rules Actually Say

Here's something most landlords in North Dakota don't realize: the state imposes no statutory requirement for a formal move-out inspection or a separate move-out checklist. There is no statute specifying the required notice of date/time of move-out inspection. North Dakota doesn't legally require landlords to do a walk-through with their tenant present, and there's no statute mandating it.

In North Dakota, tenants don't have a statutory right to a walk-through inspection, even when the security deposit is on the line. This means their presence isn't required during the inspection process. That said, conducting a joint walk-through is widely recommended by property managers precisely because it reduces disputes — a tenant who sees damage firsthand is far less likely to contest a deduction in small claims court.

The practical takeaway: you must document condition at move-in under § 47-16-07.2, but the move-out inspection is your legal right to conduct on your own schedule. Document it with dated photographs and a written checklist regardless, because you'll need that evidence if a deposit dispute reaches court. At move-out, offering a tenant a walkthrough inspection and using a condition checklist with timestamped photos is strongly recommended to support deposit reconciliation and reduce disputes.

How the Checklist Connects to Security Deposit Rules

The condition statement and the security deposit rules operate together. North Dakota security deposit laws are detailed under the North Dakota Century Code (NDCC) Title 47, Chapter 47-16, Sections 47-16-07.1 to 47-16-07.3. The move-in checklist signed under § 47-16-07.2 is the evidentiary anchor that either supports or defeats a deduction claim under § 47-16-07.1.

For most tenants, North Dakota landlords can't charge more than one month's rent for a security deposit. However, landlords can charge two months' rent for tenants who have been convicted of a felony offense (if the extra amount is considered an incentive to rent to the person) or had a judgment entered against them for violating a prior rental agreement. North Dakota landlords can also charge a pet security deposit of no more than the greater of $2,500 or two months' rent.

Landlords must deposit security deposits in a federally insured interest-bearing savings or checking account for the benefit of the tenant. Landlords don't have to pay interest on security deposits if the period of occupancy was less than nine months. For tenancies that last longer than nine months, the landlord must give any interest accrued to the tenant when the lease ends, unless it's applied to cover damage or unpaid rent. (N.D. Cent. Code § 47-16-07.1(2024).)

Within 30 days of when the tenancy ends, the landlord must return the security deposit to the tenant. If the landlord keeps any or all of the deposit to cover unpaid rent or damages, they must itemize the deductions and provide a written notice to the tenant of any amount still due or the refund due to the tenant. That 30-day clock starts when the tenant delivers possession — not when the lease end date arrives on paper.

The Penalty for Getting This Wrong: Treble Damages

Missing the checklist at move-in or the deposit return deadline at move-out isn't just a procedural mistake — it's a financial exposure. A lessor is liable for treble damages for any security deposit money withheld without reasonable justification. (N.D. Cent. Code § 47-16-07.1(4).)

If landlords do not return the security deposit within the 30-day period, tenants can file for damages in court up to three times the amount wrongfully withheld plus court costs. Tenants can also take legal action for failure to provide an itemized statement when deductions are made and failure to hold the deposit in a financial account.

A tenant can file a security deposit dispute in Small Claims Court if the amount of damages is less than $15,000. If the amount is greater, the tenant must file in the local District Court. The $15,000 small claims cap is relevant: a trebled deposit on a unit renting at $1,400/month (one month's deposit = $1,400 × 3 = $4,200) falls well within small claims jurisdiction, meaning the tenant can pursue you without an attorney.

Checklist Requirements at a Glance: A State Comparison

North Dakota's approach to move-in/move-out documentation sits in the middle of the national spectrum — it mandates a move-in condition statement but imposes no specific move-out inspection procedure. Here's how it compares to two neighboring states:

Note: Minnesota and South Dakota rules cited for general comparison. Always verify current state law before relying on it for compliance purposes.

Common Landlord Mistakes on the Checklist

The most documented source of security deposit disputes in North Dakota small claims court is a gap between what the move-in checklist says and what the landlord claims at move-out. Here are the patterns that cost landlords the most:

• Checklist not signed by both parties. N.D. Cent. Code § 47-16-07.2 requires the statement to be agreed to and signed by both the landlord and the tenant. A checklist the landlord signed alone is worth almost nothing in court.
• Generic checklists with no room-by-room detail. Tenants should note any existing damages on the document before both parties sign it — and tenants are presumed to have caused any damages not listed. Vague descriptions like "good condition" leave every specific defect open to dispute.
• No photos attached. The statute doesn't require photographs, but courts consistently give more weight to timestamped photos than to written descriptions alone. Attach dated photos to every checklist.
• Missing the 30-day deposit return window. Any portion of a security deposit not paid to the tenant upon termination of the lease must be itemized by the landlord, with such itemization and the amount due delivered or mailed to the tenant at the last address furnished, within thirty days after termination of the lease and delivery of possession. Missing that window by even a few days can flip a winnable dispute into a treble-damages judgment against you.
• Deducting for normal wear and tear. The landlord can deduct for damages to the property or unpaid rent, but not for normal wear and tear. Without a detailed move-in checklist establishing baseline condition, it's nearly impossible to prove damage went beyond ordinary use.
• Not delivering the deposit statement to the right address. Written notice must be mailed or hand-delivered to the tenant's last-known address and must include the amount of the security deposit with interest due, if any, to the tenant, plus a written notice with an itemized statement of deductions. Sending to the old rental address after the tenant has moved is a common error — always get a forwarding address in writing at move-out.

What a North Dakota-Compliant Move-In Checklist Must Include

The statute (§ 47-16-07.2) doesn't specify a precise format, but the condition statement must describe the condition of "the facilities in and about the premises." In practice, that means your checklist needs to cover every room and every functional system. A checklist that only covers the living room and kitchen won't protect you on a bathroom damage claim.

At minimum, your North Dakota condition statement should document: entry and exterior condition; each room's walls, floors, ceilings, windows, and doors; all appliances provided by the landlord; plumbing fixtures; HVAC and heating equipment; smoke and carbon monoxide detectors; any provided furniture; and the condition of any outdoor spaces, parking, or storage included in the lease. Both you and the tenant sign and date it at or before lease signing — not at key handoff a week later.

At move-out, even though no separate statutory checklist is required, complete the same room-by-room form again and attach timestamped photographs. This creates the "before and after" comparison that either justifies your deductions or confirms a full refund is warranted. North Dakota law allows landlords to charge for cleaning limited to bringing the unit back to its original condition at the start of the lease, excluding normal wear and tear. Your move-in checklist defines what "original condition" was.

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