Late rent · North Dakota

North Dakota late rent laws (2026)

The notice you owe a tenant who hasn’t paid, when a late fee is allowed, and how much it can be — with the statute behind each figure.

Last reviewed · Not legal advice

Notice before filing
Grace period
No statewide grace periodNo statute found
Late-fee cap
No statutory capNo statute found

The North Dakota timeline, with dates

Here is the order of events when rent due on the 1st goes unpaid. North Dakota's rule depends on a condition (or sets no fixed number of days), so we describe the steps rather than put a date on them.

  1. The 1stRent is due (the example due date used throughout this page).
  2. Late feeNo statewide statute caps late fees or requires a grace period; a late fee should be written into the lease and reasonable.
  3. Notice3-day written notice of intention to evict, once rent is 3 days overdue (N.D. Cent. Code §§ 47-32-01(4), 47-32-02). Because of that condition, we don't compute an example date.
  4. Earliest filingOnly after the 3-day period has fully run with rent still unpaid.

The notice for unpaid rent

3-day written notice of intention to evict, once rent is 3 days overdue. N.D. Cent. Code §§ 47-32-01(4), 47-32-02

Among the 31 states we have verified, 3 require no notice at all, 9 others use the same 3 days as North Dakota, and 17 require a longer one. Among states that require a notice, the median is 7 days.

Late fees and the grace period

No statewide statute caps late fees or requires a grace period; a late fee should be written into the lease and reasonable.

North Dakota has no statutory dollar or percentage cap. 12 of the 31 verified states cap late fees by statute, and 10 set a grace period before one can be charged.

What else to know in North Dakota

Notes from our review: Unconditional notice (no statutory pay-and-stay right).

Cities and counties can add their own rules on top of the state’s. At “covered properties” under the federal CARES Act — generally those with a federally backed mortgage or federal subsidies — a 30-day notice to vacate for nonpayment is required in every state.

North Dakota and its neighbors

StateNoticeGrace periodLate-fee capSource
North Dakota3 daysNone statewideNo statutory capVerified
Minnesota14 daysNone statewide8% of rentVerified
Montana3 daysNone statewideNo statutory capVerified
South DakotaNo pre-filing noticeNone statewideNo statutory capVerified

Notice periods across the 31 verified states

Notice before filingStates
No pre-filing notice3
3 days10
5 days3
7 days3
10 days5
14 days6
No fixed number1

Sources

  • Notice for unpaid rent: N.D. Cent. Code §§ 47-32-01(4), 47-32-02
  • Late fees and grace period: no statute found that sets a cap or grace period
  • Status: verified — the notice rule was read in statute text (or a verbatim copy of it) for our September 14, 2026 review.

Frequently asked

How much notice does a landlord have to give for unpaid rent in North Dakota?

The rule in North Dakota (N.D. Cent. Code §§ 47-32-01(4), 47-32-02): 3-day written notice of intention to evict, once rent is 3 days overdue. If rent is still unpaid once that period has run, the landlord can file an eviction case.

Is there a grace period for late rent in North Dakota?

We found no statewide statute that sets a grace period in North Dakota. No statewide statute caps late fees or requires a grace period; a late fee should be written into the lease and reasonable.

How much can a landlord charge as a late fee in North Dakota?

No statewide statute caps late fees or requires a grace period; a late fee should be written into the lease and reasonable.

Can a landlord evict for late rent in North Dakota?

Yes, for rent that remains unpaid, once the notice step is done: 3-day written notice of intention to evict, once rent is 3 days overdue (N.D. Cent. Code §§ 47-32-01(4), 47-32-02).

Does federal law change the notice for unpaid rent in North Dakota?

It can. At "covered properties" under the federal CARES Act (generally those with a federally backed mortgage or federal subsidies), a 30-day notice to vacate for nonpayment is required in every state. Local ordinances can also be stricter than North Dakota's statute.

How does North Dakota compare with other states?

Among the 31 states we have verified, 3 require no notice at all, 9 others use the same 3 days as North Dakota, and 17 require a longer one. Among states that require a notice, the median is 7 days. North Dakota has no statutory dollar or percentage cap. 12 of the 31 verified states cap late fees by statute, and 10 set a grace period before one can be charged. Figures for states we have not verified yet are left out of these counts.

This is not legal advice.Landlord–tenant law changes, and local rules can be stricter than the state’s. Read the linked sources, and talk to a local attorney before you serve a notice or file.

Keep a clean record of late rent

Rentmark tracks each lease’s rent against its due date and shows what’s paid, partial or late. Send a reminder in one click, and issue a PDF receipt when rent comes in — a clean payment history if you ever need to serve a notice in North Dakota.

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