Can You Have Pets in Apartments in North Dakota? What the Law Actually Says

If you’re searching for pet friendly housing in North Dakota, the short answer is that it depends entirely on your landlord’s lease, not on any state guarantee. Can you have pets in apartments in North Dakota? Yes, plenty of communities allow them, but no North Dakota law requires a landlord to accept your dog, cat, or bird in the first place. Understanding where your rights actually begin and end can save you from a lease violation, a denied application, or an unexpected move.

This matters more than most renters realize. North Dakota gives landlords broad authority to set their own pet rules, cap deposits at specific dollar amounts, and even change their minds about breed restrictions between lease terms. Below, you’ll find what the North Dakota Century Code actually says about pets in rental housing, where federal disability law overrides a “no pets” sign, and what to do if your landlord refuses to budge.

Can a Landlord Ban Pets in North Dakota

Landlords in North Dakota have the legal right to refuse pets entirely. Landlords can have a “no pets” policy, or a policy that limits the type or breed of pet. There’s no statute in the North Dakota Century Code that entitles a tenant to keep an animal simply because they want one, so a strict no-pets clause in your lease is fully enforceable.

That said, a landlord does have to play fair about disclosure. A pet policy should be clearly stated in the rental advertisement and discussed at any showings for the property. If you signed a lease with a pet clause you didn’t fully understand, that ambiguity can sometimes work in your favor during a dispute, but you shouldn’t count on it.

The one major exception involves disability-related animals. Federal law bars a landlord from discriminating based on many factors, including disabilities, and because of that service animals must be accommodated. A blanket no-pets policy simply doesn’t apply to a legitimate service animal or emotional support animal, a distinction covered in more detail later in this guide.

Beyond your lease, city and county governments also shape what’s allowed where you live. State law provides the authority for local governments to act, and under North Dakota Century Code § 40-05-01, municipalities have broad power to enact ordinances on animal matters. That’s why a Fargo apartment complex might allow two cats while a Bismarck property caps residents at one, independent of anything your landlord personally prefers. If you’re weighing which animal fits an apartment lifestyle, the popular cat breeds in North Dakota tend to draw fewer objections from property managers than large or high-energy dog breeds, and it’s worth checking your city’s leash laws in North Dakota before you commit to a dog, since leash and containment rules often show up again in your lease’s pet addendum.

Pet Deposits and Pet Fees: What North Dakota Allows

North Dakota is one of the more specific states when it comes to capping what a landlord can charge you for the privilege of keeping a pet. Understanding these numbers before you sign protects you from an inflated demand that a landlord may not even be legally entitled to collect.

Start with the baseline. The landlord can require a security deposit of up to one month’s rent, plus an additional deposit if you have a pet. If you have a felony conviction, the landlord can require up to two months’ rent for a security deposit. On top of that base amount, the pet deposit itself has its own separate ceiling.

The law allows an additional pet deposit of up to $2,500 or two months’ rent, whichever is greater, under NDCC § 47-16-07.1. That cap can catch renters off guard, since two months’ rent on a higher-end apartment can easily exceed $2,500. Whatever amount you pay, it doesn’t disappear into your landlord’s general account with no protections attached: pet deposits are in addition to a security deposit but must be handled in the same way as a security deposit.

Deposit Type	Maximum Allowed	Applies to Service Animals?
Standard security deposit	One month’s rent (up to two months with a felony conviction)	Yes
Additional pet deposit	$2,500 or two months’ rent, whichever is greater	No
Monthly pet rent/fee	Not capped by state statute; set by individual lease	No

Pro Tip: Ask whether the pet deposit is refundable or treated as a nonrefundable fee before you sign. North Dakota law requires deposits to be handled like a security deposit, itemized, and returned within 30 days of move-out minus documented damage.

Return timelines matter just as much as the cap itself. The security deposit and an itemized list of deductions must be returned to you within 30 days of moving out. If your landlord misses that window or fails to itemize deductions, you may have grounds to recover the full amount, potentially through small claims court if a direct conversation doesn’t resolve it.

Breed and Weight Restrictions in North Dakota

Breed and weight limits are common in North Dakota leases, and the state does not prohibit them. Landlords may target specific breeds perceived as aggressive, such as pit bulls or rottweilers. Weight caps often accompany breed lists, so a lease might exclude both “large breed dogs” and specific named breeds in the same clause.

These restrictions aren’t dictated by state statute; they’re a private contractual choice each landlord makes. Landlords in North Dakota often set specific pet policies for their rental properties, which may include breed restrictions, weight limits, or additional charges like pet fees or deposits. That means two apartment buildings on the same street can have completely different rules for the exact same breed of dog.

If you own a breed commonly flagged in these clauses, it’s worth reading your city’s animal ordinances before you sign, since municipal rules sometimes layer on top of what your landlord already requires. Our guide to pit bull laws in North Dakota breaks down how breed-specific rules vary by city and what documentation can help ease a landlord’s concerns, such as a canine good citizen certificate. It’s also worth understanding your liability exposure ahead of time; the article on what happens if a dog bites someone in North Dakota explains why many landlords lean on breed restrictions in the first place, and why proof of insurance sometimes satisfies a property manager more than a breed ban would.

Important Note: Breed and weight restrictions written into a private lease are enforceable even if your city has no breed-specific ordinance at all. A landlord’s rule doesn’t need to match your local government’s rule; both apply independently, and violating either one can jeopardize your tenancy.

Service Animals and Emotional Support Animals: Your Rights in North Dakota

Service animals and emotional support animals sit outside the normal pet rules discussed above, and mixing up the two categories is one of the most common mistakes renters make. A service animal is trained to perform specific tasks and falls under the ADA, while an emotional support animal, or ESA, provides comfort through its presence and is protected instead under the federal Fair Housing Act.

For service animals, the financial protection is direct. The landlord cannot charge a pet deposit for a service animal but can require you to provide a medical note. Fair housing rules extend nearly identical protection to ESAs: North Dakota follows federal Fair Housing Act guidelines to protect emotional support animals in housing, allowing them even in no-pet properties without additional fees.

North Dakota does add one wrinkle that some states don’t have. Under North Dakota law, your landlord can ask you to provide reliable documentation from a physician or other medical professional of your disability and your need for the animal, per N.D. Cent. Code § 47-16-07.5. That said, this request has limits: the state rental property law bars your landlord from demanding this proof if your disability-related need for the animal is apparent or already known to the landlord.

Landlords aren’t entirely without recourse, even with a legitimate ESA or service animal request. Landlords may refuse an ESA request if the animal poses a direct threat to others, causes significant property damage, or imposes unreasonable costs. A few situations that commonly justify a denial include:

• The animal has a documented history of aggression toward other tenants or staff
• Housing the animal would create an undue financial or administrative burden on a small landlord
• The requested accommodation doesn’t have a demonstrated connection to the tenant’s disability

You’re still financially responsible for what your animal does, regardless of its legal status. You’ll likely have to pay for any damage your animal causes, as North Dakota law holds you liable for any harm done to the premises or facility. A protected status waives the deposit and the fee, not the accountability.

Can a Landlord Change the Pet Policy Mid-Lease in North Dakota

Once you’ve signed a fixed-term lease, the pet terms inside it are generally locked in place until that lease ends. Generally, a landlord cannot unilaterally change the lease terms mid-lease, even if it is to change from not allowing pets to allowing pets. This cuts both ways: a landlord who suddenly decides to ban a breed you already own mid-term typically can’t force that change on you until renewal.

Renewal is where things shift. At renewal, the landlord updates the lease terms, including fees, deposits, size and breed restrictions, and vaccinations, and the tenant can either accept and sign the new lease or object and vacate the property. If you’ve grown attached to a particular unit but the new pet clause suddenly excludes your dog’s breed, you’re generally left choosing between compliance and relocation, not a legal challenge.

Common Mistake: Assuming a month-to-month lease offers the same protection as a fixed-term one. It doesn’t; a month-to-month arrangement can be altered with proper notice far more easily than a signed annual lease.

Month-to-month tenancies operate under different rules entirely. For a month-to-month lease, the landlord may raise the rent by any amount by giving written notice at least 30 days in advance, and the tenant can then give a 25-day notice to terminate the lease at the end of the month. A landlord adjusting pet policy on a month-to-month tenant would typically follow the same 30-day written notice process, since North Dakota has no rent control and few statutory limits on how monthly terms can change. When raising rent or altering terms, landlords must provide written notice, typically 30 days before it takes effect, and while there is no rent control in North Dakota, the notice period gives tenants time to adjust.

What to Do If Your Landlord Won’t Allow Your Pet in North Dakota

A flat denial doesn’t always mean the conversation is over, especially if your situation touches on a protected accommodation or a misunderstanding about your lease. Before assuming you have no options, work through these steps in order.

1. Re-read your lease carefully. Your legal rights can be changed by the terms of the lease, so read the lease carefully before assuming a denial is a mistake rather than a clearly written clause you agreed to.
2. Determine whether your animal qualifies for protection. If your pet is a service animal or a legitimate ESA tied to a documented disability, a no-pets policy legally doesn’t apply, and you can request a reasonable accommodation in writing.
3. Gather documentation early. A letter from a licensed medical professional, submitted before move-in when possible, prevents delays and reduces the odds of a dispute later.
4. Negotiate directly if it’s a standard pet, not a protected one. Some landlords will accept a larger pet deposit, a signed pet addendum, or proof of renters insurance in exchange for lifting a breed or weight restriction.
5. Escalate through the proper channel if you believe you’re facing discrimination. Fair housing violations related to service animals or ESAs can be reported through HUD or discussed with a tenant rights attorney if informal requests are ignored.

If your dispute is about deposit money rather than the pet policy itself, don’t overlook small claims court as a realistic option; it’s designed for exactly this kind of disagreement and doesn’t require an attorney to file. And whatever the outcome of your negotiation, keep basic pet safety in mind during a stressful move: never leave an animal unattended in a parked car while you’re touring units or hauling boxes, a mistake covered in detail in our guide on leaving pets in hot cars in North Dakota.

Key Insight: Most pet-related lease disputes in North Dakota come down to documentation, not law. Landlords who deny a reasonable, well-documented accommodation request are the exception, not the norm, and a calm written request often resolves the issue faster than an argument.

Finding pet friendly housing in North Dakota comes down to reading your lease closely, understanding which deposit caps actually apply to you, and knowing when federal disability protections override a property’s default policy. Whether you’re negotiating a pet addendum or preparing an ESA accommodation request, the same principle holds: get everything in writing, and don’t assume a verbal promise from a leasing agent will hold up if a dispute ever reaches your landlord’s legal team.