Pet Deposit Laws in North Dakota: Caps, Refunds, and Your Rights as a Renter
November 10, 2026
Pet deposit laws in North Dakota are more specific than most renters expect. The state’s deposit statute sets a separate ceiling for pet deposits, and that ceiling can be far higher than the standard one-month security deposit. For a renter in Fargo or Bismarck paying $1,200 a month, that can mean a pet deposit of $2,500 on top of the base deposit.
This article explains what North Dakota law allows, what it does not address, and where landlord discretion and your lease take over. You will find the legal cap, refund rules, deduction limits, and the situations where a pet deposit cannot be charged at all.
The main source of authority is North Dakota Century Code § 47-16-07.1, which governs security deposits and the pet deposit exception. Where statutes are silent, the lease controls, so read yours carefully before you sign.
What Is a Pet Deposit in North Dakota?
A pet deposit is money a landlord collects at move-in to cover possible damage caused by a tenant’s animal. It is held as security, not as income. North Dakota treats it as a form of security deposit, so it follows the same handling rules.
According to LeaseRunner, pet deposits are in addition to a security deposit but must be handled in the same way as one. That means the money is meant to be returned unless the landlord can document pet-related damage or other lawful deductions.
If you are renting with a dog or cat, the pet deposit is separate from the general security deposit on your lease. Your lease should list both amounts and say what each one covers.
Does North Dakota Allow Landlords to Charge a Pet Deposit?
Yes. North Dakota is one of the few states that expressly allows a separate pet deposit in its statute. Pet Deposits by State groups North Dakota with Kansas and Nebraska as states that allow a separate pet deposit with its own statutory limit.
The authority comes from N.D.C.C. § 47-16-07.1(2). As summarized by Landlord Tenant Law in Plain English, a tenant who keeps a pet that is not a service animal can be asked for an additional deposit up to the statutory limit.
Landlords can also decline pets altogether or limit the type or breed of animal. If you want to know how far that discretion goes, see our guide on whether landlords can ban pets in North Dakota.
Maximum Pet Deposit in North Dakota
The cap is the greater of $2,500 or two months’ rent. PropInspect’s statute summary describes the same ceiling, and notes it never applies to a service or companion animal required as a reasonable accommodation.
Because the cap uses “whichever is greater,” the dollar figure depends on your rent. The table below shows how it works.
| Monthly Rent | Two Months’ Rent | Maximum Pet Deposit |
|---|---|---|
| $900 | $1,800 | $2,500 |
| $1,250 | $2,500 | $2,500 |
| $1,600 | $3,200 | $3,200 |
Important Note: A few secondary sites describe the pet deposit cap as one month’s rent or $2,500. Most sources, including a North Dakota pet housing breakdown that cites § 47-16-07.1(2), describe it as the greater of $2,500 or two months’ rent. Check the statute text or ask the North Dakota Attorney General’s office if your landlord’s number does not match.
Does a Pet Deposit Count Toward North Dakota’s Security Deposit Limit?
No. The pet deposit sits alongside the general deposit rather than raising the one-month cap. According to Tenant Screening Background Check (as of March 2026), the pet deposit is a separate deposit with its own rules, not a bump to the general cap.
The general cap is one month’s rent. It rises to two months only for a tenant with a felony conviction or a prior judgment for violating a rental agreement. A pet does not trigger that increase.
In practice, a tenant with a pet could be asked for a base deposit and a pet deposit that alone reaches the greater of $2,500 or two months’ rent. Add them up before you agree to a lease, because the move-in total can be large.
Pet Deposit vs. Pet Fee vs. Pet Rent in North Dakota
These three charges look similar on a lease but work differently. A deposit is refundable security, a fee is a one-time charge, and pet rent is a recurring monthly payment.
| Charge | How It Works | North Dakota Treatment |
|---|---|---|
| Pet Deposit | Refundable security held for pet damage | Allowed, capped at greater of $2,500 or two months’ rent |
| Pet Fee | One-time charge at move-in | Statute does not address it; sources disagree on whether non-refundable fees are allowed |
| Pet Rent | Recurring monthly charge | Generally allowed; no statutory cap found |
One state pet housing guide says North Dakota does not cap monthly pet rent or one-time non-refundable pet fees. Another source, Pet Deposits by State, says non-refundable fees are not permitted. The next sections explain why that disagreement exists.
Are Pet Deposits Refundable in North Dakota?
Yes, to the extent the landlord does not have lawful deductions. Because the pet deposit is handled like a security deposit, whatever is not used for pet damage or other permitted charges goes back to you.
An earlier look at North Dakota pet bans notes that the pet deposit should only correct problems created by the pet living in the unit. Unused money must be returned within 30 days after you vacate and the lease ends.
Landlords also must keep deposits in a federally insured interest-bearing account. According to Hemlane, the statute requires this, and interest is owed when the tenancy reaches nine months.
Are Non-Refundable Pet Fees Legal in North Dakota?
This is a gray area. The deposit statute says nothing about a one-time, non-refundable pet fee, and published sources reach different conclusions. Some read the silence as permission, while others say all pet-related money must be refundable.
The safer reading for renters is that anything labeled a deposit or security must be refundable and held in the required account. A true fee for a defined service, such as professional carpet treatment, is a different thing than a deposit, but it should be spelled out in your lease.
Pro Tip: Ask your landlord in writing whether each pet charge is a refundable deposit, a fee, or monthly rent. If the answer is “non-refundable,” ask which part of the lease or statute supports it before you pay.
Can Landlords Charge a Pet Deposit for Service Animals and ESAs in North Dakota?
No. A landlord cannot charge a pet deposit for a service animal or for an assistance or companion animal required as a reasonable accommodation. iPropertyManagement confirms the pet deposit rule does not apply to service or assistance animals.
Federal fair housing rules back this up. Landlords may ask only whether the animal is required because of a disability and what task it performs, and a service animal cannot be treated as a pet for fees or rent.
For emotional support animals, a landlord may request reasonable documentation of the disability-related need. Our ESA housing guide for North Dakota covers what that documentation can look like.
How Much Is a Typical Pet Deposit in North Dakota?
No official statewide survey tracks typical amounts, so any number is an estimate. Many landlords charge well below the legal maximum, and the amount often follows the property type and animal.
One deposit-law site, Deposit Forensics, reports typical North Dakota security deposits of around $900 (as of its 2026 page). A pet deposit commonly lands somewhere between a few hundred dollars and one month’s rent, but that range is a general market observation, not a figure from a state source.
- Small apartments in cities like Fargo and Grand Forks often set a flat pet deposit.
- Larger dogs or multiple pets can push a landlord toward the cap.
- Single-family homes and duplexes often set higher amounts than apartments.
Can a Landlord Charge a Pet Deposit and Pet Rent Together in North Dakota?
Generally, yes. Nothing in § 47-16-07.1 stops a landlord from collecting a refundable pet deposit and also charging monthly pet rent. The deposit is security against damage, while pet rent is payment for the ongoing use of the unit with an animal.
The practical concern is double charging for the same thing. If you pay pet rent and a deposit, you can fairly ask what each covers, and a landlord should not deduct normal wear from the deposit if pet rent was meant to cover it.
Review the total monthly and move-in cost before you sign, and get every pet charge listed in the lease.
Pet Deposits for Multiple Pets, Fish and Caged Pets in North Dakota
The statute sets one pet deposit cap for the tenancy and does not break it down by animal count. A landlord with two dogs in the unit is still bound by the same ceiling, not a separate cap for each pet.
The law does not say whether fish tanks, birds, or small caged animals count as pets. That is left to the lease, so landlords may charge less for a hamster or waive the deposit for a small aquarium, or may treat all animals the same.
If you have a mix of animals, ask for the policy in writing. For related animal rules, our guides on hedgehog ownership and backyard chickens in North Dakota explain which unusual pets may face local limits.
What Can a Landlord Deduct From a Pet Deposit in North Dakota?
Deductions must fit what the statute allows. According to PropInspect, the deposit and interest can be applied to three things: damage from the tenant’s pet or negligence, unpaid rent, and cleaning or repair costs that were the tenant’s responsibility.
- Urine stains on carpet, scratched floors, and chewed trim are typical pet-related deductions.
- Normal wear and tear, such as light carpet wear after a long tenancy, is not a valid deduction.
- Landlords should not use pet deposit funds for unrelated issues without separate justification.
Take dated photos at move-in and move-out. The statute also calls for an inventory checklist at the start of tenancy, which gives both sides a shared record, according to iPropertyManagement.
How Long Does a Landlord Have to Return a Pet Deposit in North Dakota?
Thirty days. Under § 47-16-07.1(3), a landlord must return the deposit or send an itemized statement of deductions with the balance within 30 days. Hemlane stresses these are calendar days, including weekends and holidays.
- Move out and return all keys.
- Give your landlord a written forwarding address.
- Calendar the 30-day deadline from the day you leave.
- Review any itemized statement against your move-in photos.
Some sources tie the clock to the tenant providing a forwarding address, so send it in writing as soon as you move out.
Can a Landlord Keep Your Pet Deposit Without Proof of Damage in North Dakota?
No. Withholding must be tied to a lawful reason and backed by an itemized statement. A landlord who withholds without reasonable justification can face penalties.
Sources describe the remedy as treble damages. According to Tenant Screening Background Check, a court can award the tenant three times the amount withheld without reasonable justification under § 47-16-07.1. Another site, Deposit Forensics, describes the recovery as actual damages plus attorney fees, so treat the exact remedy as something to confirm with the court or a legal aid office.
Small claims court is the usual route for deposit disputes. Deposit Forensics lists the small claims limit at $15,000.
Pro Tip: Send a short written demand that cites the 30-day rule and attaches your move-out photos before filing. Many disputes settle at that stage.
Can a Landlord Raise the Pet Deposit or Change the Pet Policy Mid-Lease in North Dakota?
Not unilaterally during a fixed term. A lease is a contract, and a landlord generally cannot raise a deposit or add new pet terms mid-lease unless the lease allows it or you agree. Any increase still has to stay under the statutory cap.
Month-to-month tenancies are different because the landlord can propose new terms with proper notice. You can accept them, negotiate, or end the tenancy, and the law does not require you to agree to a deposit increase.
Local rules can add limits too. Municipal ordinances on leashes and nuisance animals can affect your pet policy, so check North Dakota leash laws and barking dog rules if a landlord cites complaints.
Can You Negotiate a Pet Deposit in North Dakota?
Yes. The statute sets a ceiling, not a fixed price, so landlords can accept less. Renters with a good rental history, a trained and spayed or neutered pet, or a longer lease term often have room to ask.
- Offer references from a previous landlord.
- Provide vaccination and licensing records.
- Propose a lower deposit with monthly pet rent, or the reverse.
- Ask to split the deposit into installments.
Breed restrictions are a separate issue. Landlords may set them, and pit bull, Rottweiler, and German Shepherd owners are often the ones affected, according to Pet Deposits by State. Get any agreement in writing and keep a copy.
Because deposit rules can change and lease terms vary, this article is general information, not legal advice. For a specific dispute, contact North Dakota Legal Services or a licensed attorney.