Pet-Friendly Housing Laws in North Dakota: Deposits, Breed Rules, and Tenant Rights
September 1, 2026
North Dakota gives landlords wide latitude to set their own pet policies, including the right to reject pets entirely or charge a security deposit worth two months’ rent for tenants who own one. Understanding pet-friendly housing laws in North Dakota matters whether you are a renter trying to keep your dog through a lease renewal or a property owner drafting a pet addendum. The rules split sharply depending on whether an animal is a pet, a service animal, or an emotional support animal, and each category carries different financial and legal consequences.
This guide walks through what North Dakota law actually permits landlords to do, what tenants can push back on, and where local city ordinances add another layer of restrictions on top of state statute.
Can Landlords Refuse to Rent to Pet Owners in North Dakota
North Dakota does not require landlords to accept tenants with pets. You can prohibit pets in a North Dakota rental property, and the lease should clearly state the pet policy. A blanket no-pets policy is legal as long as it applies consistently and is disclosed before the tenant signs.
This flexibility fits into the state’s broader landlord-tenant framework. North Dakota is generally considered landlord-friendly, with no rent control, no statutory cap on late fees, and broad flexibility in lease terms. That said, landlords must still comply with federal fair housing laws and follow due process for evictions, which is where the exception for assistance animals comes in.
Service animals and emotional support animals are not considered pets under fair housing laws, and landlords must make reasonable accommodations for them regardless of a stated pet policy. A “no pets” clause in a lease simply does not apply to a qualifying assistance animal, even in a building that otherwise bans dogs and cats outright.
Pro Tip: If you own a pet and are apartment hunting in Fargo, Bismarck, or another growing rental market, ask about the pet policy before you tour a unit. Landlords are not obligated to make exceptions for ordinary pets, so confirming policy upfront saves wasted applications.
Landlords also retain the right to set other rules around pets as part of general lease terms. Landlords can set rules regarding guests, pets, smoking, or noise, as long as those rules comply with state and federal law. That includes requiring proof of vaccination or licensing before move-in, a practice worth understanding through resources like North Dakota’s pet vaccination laws if a lease makes current shots a condition of keeping an animal.
Pet Deposit, Pet Rent, and Pet Fee Rules in North Dakota
North Dakota is one of the more permissive states when it comes to pet-related charges. Pet deposits are allowed, with a maximum of $2,500 or two months’ rent, whichever is greater, with an exception for service or companion animals for tenants with a disability as a reasonable accommodation under fair housing laws. This figure comes from North Dakota Century Code § 47-16-07.1(2), the same statute that governs standard security deposits.
The base security deposit and the pet deposit are calculated separately. A 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. In practice, this means a tenant with a pet could legally be asked for a base deposit plus a pet deposit that alone reaches $2,500 or two months’ rent.
| Deposit Type | Maximum Allowed | Legal Basis |
|---|---|---|
| Standard Security Deposit | One month’s rent | N.D.C.C. § 47-16-07.1(1) |
| Security Deposit (felony/prior violation) | Two months’ rent | N.D.C.C. § 47-16-07.1(1) |
| Pet Deposit | Greater of $2,500 or two months’ rent | N.D.C.C. § 47-16-07.1(2) |
| Pet Deposit for Service/ESA Animals | Not permitted | Fair Housing Act reasonable accommodation |
North Dakota does not cap ongoing monthly pet rent or one-time non-refundable pet fees the way some states do. Non-refundable fees such as pet fees are not prohibited, and a North Dakota landlord can charge a pet security deposit up to the greater of $2,500 or two months’ rent under N.D.C.C. § 47-16-07.1(2). Whatever a landlord charges as a pet deposit is still subject to the same return rules as a regular deposit.
Failure to return a deposit within 30 days may result in the landlord forfeiting any right to retain funds and becoming liable for damages in court. One landlord experience described how a landlord in Minot who held a deposit for 35 days while waiting on contractor estimates was sued by the tenant, and the judge did not care about the reason, ending up paying treble damages plus the tenant’s legal fees, about $4,800 total over a $1,100 deposit. That example applies to pet deposits just as much as standard deposits.
Important Note: Money collected as a pet deposit is legally tied to pet-related damage. Deposit money should only be used to correct problems created by the pet living on the premises, and if the deposit is $100 but the tenant causes $300 in damages, the landlord can sue for the difference. Landlords cannot apply pet deposit funds to unrelated issues like unpaid rent without separate justification.
Breed and Size Restrictions in North Dakota
North Dakota has no statewide law banning specific dog breeds, which leaves the decision to individual landlords and cities. Landlords may target specific breeds perceived as aggressive, such as pit bulls or rottweilers, and there is nothing in state law stopping a private landlord from writing breed exclusions into a lease.
Municipal breed-specific legislation adds another layer entirely. North Dakota does not have state preemption laws, which means local governments are free to enact breed-specific ordinances for public health, safety, and animal welfare purposes. The result is a patchwork that varies significantly depending on where a rental property sits.
The state’s biggest rental markets have taken a more neutral approach. North Dakota’s three largest cities, Fargo, Bismarck, and Grand Forks, do not have breed-specific ordinances. Instead, these cities regulate dangerous behavior regardless of breed, which is a distinction worth understanding if you own or are considering a pit bull in North Dakota or another commonly restricted breed.
Smaller communities tell a different story. Bowman bans pit bulls, Rottweilers, and Doberman Pinschers; Glenburn similarly prohibits pit bulls, Rottweilers, and Doberman Pinschers; and Ray’s ordinance covers pit bulls, Rottweilers, Chow Chows, and Canary Dogs. Landlords and tenants in these smaller towns should check municipal code directly, since a lease permitting a breed does not override a citywide ban. For breed-specific detail beyond pit bulls, see how rottweiler ownership is treated across North Dakota and how German Shepherd owners navigate similar local variation.
Private property owners add a third layer on top of city rules. Homeowners associations and residential community managers in North Dakota have broad authority to set pet policies within their communities, and these requirements are not governed by state animal law but operate through contract law, binding residents through HOA covenants or lease agreements. A landlord can legally refuse a breed the city allows, simply because it is a private contractual choice rather than a government mandate.
Service Animal Rights in North Dakota
Service animals occupy a legally protected category separate from ordinary pets, and North Dakota law reflects that distinction closely. Neither North Dakota law nor the ADA treats pets the same as service animals. A landlord cannot apply a no-pets policy, breed restriction, or pet deposit to a genuine service animal.
The financial protection is explicit under state guidance. The landlord cannot charge a pet deposit for a service animal but can require the tenant to provide a medical note. This lines up with the fair housing standard described elsewhere: tenants must be allowed full and equal access to all housing facilities, landlords cannot charge extra for having the animal, and a “no pets” provision in a lease does not apply to a service animal.
North Dakota law does give landlords one verification tool that some other jurisdictions limit. North Dakota landlord-tenant law allows a landlord to require bona fide supporting documentation as proof of need for a service animal accommodation, and N.D.C.C. § 47-16-07.5 states that reliable supporting documentation must confirm the disability and justify the accommodation. That documentation cannot come from just anyone claiming certification authority.
- Documentation must come from a medical professional familiar with the tenant’s condition
- The provider cannot operate in North Dakota solely to issue certifications for service or assistance animals
- Landlords cannot demand details about the specific disability itself, only confirmation of the need
- Tenants remain financially responsible for any property damage the animal causes
Damage liability still applies even with full legal protection. You must be allowed full and equal access to all housing facilities, and your landlord cannot charge you extra for having the animal, although you might have to pay for damage your animal causes. This is consistent with how North Dakota’s leash and animal control rules apply to service animals in shared spaces like hallways and courtyards.
Emotional Support Animal Rights in North Dakota
Emotional support animals get real legal protection in housing, even though they are treated very differently in public spaces. Emotional support animals provide comfort, companionship, and a sense of safety to individuals with psychiatric or emotional conditions, but they are not considered service animals under North Dakota law or the ADA because they are not individually trained to perform specific tasks. That distinction matters for restaurants and stores, but not for rental housing.
State and federal laws do cover ESAs specifically in the housing context, and the financial rules mirror those for service animals. Landlords are not allowed to charge a pet deposit, pet rent, or pet cleaning fee for an ESA, though the tenant remains responsible for paying for any damages the ESA causes to the property.
Discrimination protections extend beyond fees. Landlords cannot charge pet fees or deposits for ESAs, and discrimination based on the animal’s breed, size, or weight is prohibited. This closes a loophole landlords might otherwise try to use against a legitimate ESA that happens to be a commonly restricted breed.
Not every rental property is bound by these accommodation rules, however. Some residences are exempt from Fair Housing Act requirements, including owner-occupied buildings with four or fewer units, single-family homes rented without a real estate agent, and housing run by private organizations or clubs with membership requirements. Tenants relying on ESA protections should confirm their specific property is not one of these carve-outs.
Pro Tip: Requesting ESA accommodation works best in writing, paired with documentation from a licensed provider. Keep a copy of everything submitted in case a dispute arises later over what was requested and when.
Other states in the region handle these same protections with their own procedural quirks. Tenants moving between states may find it useful to compare North Dakota’s approach against emotional support animal housing rules in South Dakota or ESA housing law in North Carolina, since documentation standards and exemptions are not identical everywhere.
Local City and County Pet Housing Ordinances in North Dakota
State law sets the floor, but city ordinances often add pet-count limits, licensing rules, and species-specific requirements that landlords and tenants both need to track. These caps typically apply regardless of what a lease says, since they are public health and animal control regulations rather than private contract terms.
| City | Pet Limit | Notes |
|---|---|---|
| Bismarck | 3 dogs or cats (6+ months) | Special license available to exceed the standard cap |
| Mandan | 3 dogs and 3 cats | Separate caps apply to each species over six months old |
| Williston | 3 dogs and cats combined | Foster homes and service animals are exempt |
| Grand Forks | 6 pets total, max 3 dogs | Combined species cap applies |
| Fargo | 6 dogs/cats combined | Maximum number of dogs and cats combined may not exceed six |
Bismarck’s licensing system is worth understanding in detail since it directly affects tenants with multiple animals. Bismarck residents that keep four or more cats or dogs over the age of six months are required by city ordinance to have a special pet license with the Environmental Health Division. Approval is not automatic. The Environmental Health Division may consider the size, age, breed, and disposition of the applicant’s animals, along with the location, size, facilities, and proximity to neighbors of the residence.
Kennel and commercial licensing fees apply on top of ordinary pet limits for landlords or tenants running any kind of boarding or breeding operation. In North Dakota, dog kennel license fees typically start around $30 per year, such as in Fargo, where commercial kennels housing five or more animals pay this annual fee.
Local ordinances extend well beyond dogs and cats, which matters for renters in single-family homes with yard space. There is no statewide ban on backyard chickens in North Dakota, and the North Dakota Department of Agriculture Animal Health Division oversees poultry health and biosecurity while cities and counties set flock limits, permits, and setbacks. Renters considering poultry should check both their lease and the resources on backyard chicken laws in North Dakota before adding birds to a rental property.
Noise-related restrictions are common in the larger cities specifically. Roosters are often restricted or prohibited in larger cities such as Fargo, Bismarck, and Grand Forks due to noise concerns, a detail covered further in guidance on rooster crowing ordinances in North Dakota. Renters interested in other small livestock, such as goats, should also review local zoning before assuming a landlord’s pet policy covers non-traditional animals; see goat ownership laws in North Dakota for the zoning distinctions that typically apply.
What to Do If a Landlord Violates Pet Housing Laws in North Dakota
Tenants who believe a landlord has illegally charged a pet fee for a service animal, refused a reasonable ESA accommodation, or mishandled a pet deposit have several concrete options under North Dakota law.
- Document everything in writing. Save the lease, any pet policy addendum, accommodation requests, and all landlord communication about the animal.
- Review the specific statute involved. Pet deposit disputes fall under N.D.C.C. § 47-16-07.1, while service and assistance animal disputes fall under fair housing law and N.D.C.C. § 47-16-07.5.
- File a housing discrimination complaint if the issue involves a service animal or ESA. Tenants can file a housing discrimination complaint with the ND Department of Labor.
- Pursue a deposit dispute through small claims court. Small claims court forms are available from the ND Supreme Court for tenants seeking to recover a wrongfully withheld pet or security deposit.
- Contact a tenant rights organization for guidance. Tenants can contact Legal Services of North Dakota or an attorney in private practice for legal help.
Financial consequences for landlords who violate deposit rules can be significant. North Dakota allows tenants to sue for triple damages plus attorney fees when a landlord improperly withholds a deposit, which applies to pet deposits in the same way it applies to standard security deposits.
Important Note: This article explains general North Dakota housing law and does not substitute for legal advice. Because fair housing exemptions and local ordinances vary by property and city, tenants and landlords facing an active dispute should confirm current rules with the North Dakota Attorney General’s tenant rights resources or a licensed attorney before taking action.
Landlords facing an accommodation request they are unsure how to handle should lean on documentation requirements rather than outright denial. Landlords are legally required to provide and maintain a habitable unit, and if a landlord fails to make necessary repairs in a reasonable time after written notice, tenants have limited rights to remedy the issue themselves. The same good-faith documentation approach that governs habitability disputes tends to keep pet and assistance animal disagreements out of court entirely, since most conflicts stem from unclear paperwork rather than genuine bad faith on either side.
Whether you are negotiating a pet deposit, requesting an ESA accommodation, or trying to confirm whether a breed restriction actually applies to your address, the underlying pattern in North Dakota law stays consistent: ordinary pets are subject to landlord discretion and city ordinance, while service animals and ESAs carry federal and state protection that no lease clause can override. Knowing which category an animal falls into, and having the paperwork to prove it, resolves most disputes before they ever reach small claims court.