Can Landlords Ban Pets in North Dakota? What Renters Need to Know
August 17, 2026
If you’re apartment hunting in Fargo or Bismarck and keep running into “no pets” listings, you’re not imagining a pattern. North Dakota gives landlords broad legal room to refuse pets entirely, and there’s no statewide law that forces a rental owner to accept your dog, cat, or other animal companion.
That said, “no pets allowed” isn’t the whole story. State law still limits how much landlords can charge for pet deposits, carves out firm protections for service and emotional support animals, and leaves plenty of room for city-by-city rules that can work in your favor or against you. Here’s how the rules actually break down.
Can a Landlord Legally Ban Pets in North Dakota
Yes. Neither North Dakota law nor the ADA covers pets, which means ordinary landlords are free to set whatever pet policy they choose for a standard rental unit. Landlords can have a “no pets” policy, or a policy that limits the type or breed of pet, and this should be clearly stated in the rental advertisement and discussed at any showings for the property.
Rental agreements in North Dakota can be either verbal or written, but a written lease is recommended to clearly outline the terms, specifying responsibilities such as rent amount, payment due dates, and the duration of the tenancy. If a pet ban or pet policy isn’t written into your lease, ask before you sign rather than assuming a verbal comment from a showing will hold up later.
Pro Tip: Get any pet policy in writing, even in a month-to-month agreement. If a landlord verbally approves your cat but the lease says “no pets,” the written lease terms are what will govern a dispute.
This blanket authority to ban pets is one reason breed- and size-specific restrictions matter so much for North Dakota renters, which is covered further down. It’s also why the exceptions for assistance animals carry real legal weight, since they’re one of the few limits on an otherwise wide-open landlord right to say no.
Exceptions: Service Animals and Emotional Support Animals in North Dakota
A “no pets” clause in your lease does not apply to a legitimate service animal or emotional support animal (ESA). North Dakota residents with emotional support animals are protected under the federal Fair Housing Act, which requires landlords to provide reasonable accommodations for ESAs, even in properties with strict “no pets” policies. Landlords cannot charge pet fees, pet deposits, or monthly pet rent for ESAs, and they cannot enforce breed restrictions, weight limits, or size requirements that normally apply to pets.
North Dakota also has its own statute addressing documentation for these accommodations. According to the Nolo legal encyclopedia, under North Dakota law, your landlord can ask you to provide reliable documentation from a physician or other medical professional of your disability and the relationship between your disability and your need for a service or assistance animal. This requirement comes from N.D. Cent. Code § 47-16-07.5, which the ServiceDogs.com ND ESA guide notes reinforces federal protections with its own housing law enacted in 2017. There are limits on when a landlord can even ask for that paperwork:
- A landlord may not ask for supporting documentation if the tenant’s disability or disability-related need for the animal is readily apparent or already known to the landlord.
- Documentation can be provided by a medical professional who does not operate in North Dakota solely to provide certification for service or assistance animals.
- A landlord can deny an ESA request if the animal directly threatens other people’s health or safety, or if the ESA causes serious property damage.
- A landlord can also turn down the accommodation if it’s too expensive or time-consuming for the property.
One notable carve-out: owner-occupied buildings with four or fewer units are among the residences exempt from FHA requirements. If you’re renting a room in a small owner-occupied duplex, your ESA accommodation rights may not apply the same way they would in a larger apartment complex.
Breed and Size Restrictions in North Dakota
Because North Dakota doesn’t require landlords to accept pets at all, it follows that landlords can go further and reject specific breeds or sizes rather than banning pets outright. As the guide on pit bull laws in North Dakota explains, many landlords implement their own pet policies regardless of local laws and can refuse to rent to a tenant based on the dog’s breed.
North Dakota has no statewide ban on pit bulls, but local cities can create their own rules about which dog breeds residents can own, and some communities restrict or ban pit bulls and other breeds through local ordinances. Pit bull laws vary by city, with some areas like Bowman banning pit bulls entirely, while Minot repealed its decades-old pit bull ban in 2022 after the law had been in place since 1987. A private landlord’s breed policy operates independently of these city rules and can be stricter even where a city has repealed its own restrictions.
Landlords may target specific breeds perceived as aggressive, such as pit bulls or rottweilers, and some also cap pets by weight. Breed restrictions, weight limits, or additional pet charges are common features of North Dakota rental pet policies.
Important Note: Breed and size restrictions do not apply to legitimate service or emotional support animals. North Dakota ESA laws prohibit landlords from denying an ESA based on breed, size, or weight, though the ESA must not pose a direct threat to safety or cause significant property damage.
Pet Deposits, Pet Rent, and Fee Limits in North Dakota
North Dakota is one of the few states with a specific statutory cap on pet deposits, which matters whether you’re bringing a Labrador or one of the more popular cat breeds kept in North Dakota households. The landlord can require a security deposit of up to one month’s rent, plus an additional deposit if the tenant has a pet, and if the tenant has a felony conviction, the landlord can require up to two months’ rent for the security deposit.
The pet deposit itself has its own separate ceiling. A pet deposit has its limits in North Dakota, with the amount that can be charged capped at $2,500 or two months’ rent, whichever is greater. Pet deposits are in addition to a security deposit but must be handled in the same way as a security deposit.
| Deposit Type | Maximum Amount | Applies To |
|---|---|---|
| Security deposit | One month’s rent (up to two months if tenant has a felony conviction) | All tenants |
| Pet deposit | $2,500 or two months’ rent, whichever is greater | Tenants with ordinary pets, not service/ESA animals |
| ESA or service animal fee | $0 | Not allowed under FHA and state law |
The money collected has a narrow purpose. The pet deposit money should only be utilized to correct problems created or caused by the pet living on the premises. Whatever isn’t used for pet-related damage still has to go back to you: the security deposit, and by extension any pet deposit handled the same way, must be returned to the tenant within 30 days after the tenant vacates the premises and the lease terminates.
Assistance animals are treated completely differently on the fee side. The landlord cannot charge a pet deposit for a service animal but can require the tenant to provide a medical note, according to the North Dakota Attorney General’s tenant rights guidance. This distinction is worth confirming directly with your landlord in writing before move-in, since a landlord who charges you a pet deposit for a documented ESA is very likely acting outside state law.
What Happens If You Keep a Pet Without Permission in North Dakota
Bringing home a pet against a written “no pets” clause is a lease violation, not a gray area. The lease should address conditions for lease termination and eviction, and it’s important for tenants to understand their rights regarding lease violations, as non-compliance can lead to legal actions including eviction.
Many tenants assume a friendly landlord will just ask them to remove the pet, but the more common outcome is a formal notice tied to the lease’s default provisions. LeaseRunner’s overview of North Dakota landlord law points out that many tenants erroneously believe they can terminate or violate a lease agreement for any reason if they provide sufficient notice, but a written lease agreement, even a month-to-month one, will have provisions for each side to follow. An unauthorized pet is treated the same way as any other breach of those provisions.
Financially, you’re also on the hook beyond just the pet issue itself. If the tenant has a pet, the landlord may require an extra “pet” deposit, and the landlord can use the deposit to repair any damages the tenant or the tenant’s guests cause to the property, for unpaid rent, or to pay the costs of cleaning the property after the tenant leaves. If you never paid a pet deposit because the pet wasn’t authorized, ordinary damage caused by that animal can still come out of your regular security deposit or a separate claim.
There’s a separate liability layer to consider too. An unauthorized pet that bites a neighbor or guest doesn’t just risk your tenancy; it can expose you to the kind of legal claims covered in this guide to what happens if a dog bites someone in North Dakota, regardless of what your lease says about pets. Keeping an animal off-lease and off-leash where it shouldn’t be also raises the risk of running afoul of local leash laws in North Dakota, which can trigger animal control involvement your landlord will hear about quickly.
Local City and County Pet Ordinances in North Dakota
State law is silent on how many pets you can own, so that gap gets filled at the city level, and these local rules apply on top of whatever your landlord separately allows. Even if a city’s ordinance permits three dogs, a homeowners association or landlord can impose a stricter limit, since these private agreements operate independently of municipal code and can be more restrictive, though never less restrictive than the local law.
Bismarck takes one of the more formal approaches. Bismarck residents that keep four or more cats or dogs over the age of six months, or a combination thereof, are required by city ordinance to have a special pet license with the Environmental Health Division. That review considers the size, age, breed and disposition of the applicant’s dogs and cats, and the location, size, facilities and proximity to neighbors of the applicant’s residence.
Fargo focuses more on licensing than headcount. Fargo city ordinances require that all cats and dogs be licensed, even those who remain indoors at all times, with a license costing $5.00 per calendar year as of the City of Fargo’s pet licensing page. West Fargo layers in a household cap through pricing: the charge for the first three dogs and/or cats is $6 per animal that is spayed or neutered and $10 for those that are not, while households exceeding three dogs and/or three cats pay $100 per license for each additional animal, according to the City of West Fargo’s animal licensing page.
| City | Pet Limit Rule |
|---|---|
| Bismarck | Up to three dogs/cats without a permit; special license required for four or more |
| Mandan | No more than three dogs and three cats over six months old |
| Williston | Combined limit of three dogs and cats over one year old; foster homes and service animals exempt |
| Grand Forks | Up to six pets total, but only three can be dogs |
| Fargo | No published per-household cap; licensing and kennel rules apply instead |
These caps come from the guide to residential zoning pet limits in North Dakota, which lays out how Mandan applies separate caps to each species, allowing no more than three dogs and three cats over six months old, while Williston mirrors that with a combined limit of three dogs and cats over one year old, exempting foster homes and service animals. If you’re weighing a rental against a less common pet, it’s also worth checking rules in neighboring markets like the ones outlined in this rundown of which exotic pets are legal in South Dakota, since exotic animal ownership is regulated separately from ordinary dog and cat limits and varies sharply across the region.
Your Options If a Landlord Won’t Allow Pets in North Dakota
A firm “no pets” policy in North Dakota is generally enforceable, but you still have practical moves available before you either walk away from a unit or hide a pet you shouldn’t.
- Ask directly and get specifics in writing. Some landlords who advertise “no pets” will make exceptions for smaller animals, older dogs, or cats confined indoors; the only way to know is to ask before signing.
- Confirm whether your animal qualifies as an assistance animal. If you have a genuine disability-related need, gather documentation under N.D. Cent. Code § 47-16-07.5 so the “no pets” clause simply doesn’t apply to your situation.
- Negotiate the pet deposit rather than the ban itself. Landlords open to pets but nervous about damage may be more willing to accept a pet if you offer to pay near the statutory cap of $2,500 or two months’ rent up front.
- Check local licensing and pet-limit rules before you commit. Even a pet-friendly landlord in Bismarck or Mandan can’t legally let you exceed the city’s numeric cap without a special permit.
- Look specifically for pet-friendly advertising. Since North Dakota requires the pet policy to be disclosed in advertising and at showings, pet-friendly units should say so upfront, which narrows your search faster than asking unit by unit.
- Practice visibly responsible pet ownership once you’re approved. Simple habits, like never leaving pets in hot cars in North Dakota, keep you in good standing and make it easier to negotiate lease renewals or future pet additions with the same landlord.
- Contact the North Dakota Attorney General’s office for accommodation disputes. If a landlord refuses a legitimate ESA or service animal accommodation, the North Dakota Attorney General’s tenant rights resource is a starting point for understanding your recourse.
Key Insight: A landlord’s right to ban ordinary pets in North Dakota is broad, but it is not absolute. Deposit caps, assistance-animal accommodations, and local licensing rules all create specific, enforceable limits within that broader freedom.
This article is provided for general informational purposes and does not constitute legal advice. Landlord-tenant disputes, especially those involving disability accommodations, can turn on specific facts and local ordinances, so consult a licensed North Dakota attorney or your local fair housing agency before acting on a specific situation.