Rental Property Rules in Fargo, ND

If you live in Fargo or are thinking about moving there, rental property rules are one of those things you probably won't think about until they affect you directly. Fargo has 3 specific rules on the books covering different aspects of rental property rules, and some of them might surprise you.

Rent Control

North Dakota Century Code §47-16-07.3, enacted in 2017, preempts any city or county from adopting rent-control ordinances, so Fargo cannot cap rent increases on private residential rental property.

Key details: Statute: NDCC §47-16-07.3. Year enacted: 2017. Local rent caps: Prohibited. Subsidized exception: Federal programs only.

Because Fargo has no rent-control ordinance, there is no local violation to cite; tenants concerned about rent increases must rely on lease terms, fair-housing law, or relocation when leases end.

If you are coming from a city with tighter rules, you will find Fargo gives residents more flexibility on rent control.

Security Deposit Rules

Fargo follows North Dakota Century Code §47-16-07.1, which caps security deposits at one month's rent for most tenants and requires landlords to return deposits within 30 days with an itemized statement of any deductions.

Key details: Cap: One month rent. Return window: 30 days. Statute: NDCC §47-16-07.1. Interest: After nine months.

Failure to return deposits within 30 days or to provide an itemized list can expose landlords to forfeiture of withholdings, statutory damages, and attorney fees in district or small-claims court.

Repairs & Habitability

Fargo landlords who supply heat under a lease must maintain at least 68°F in habitable rooms, bathrooms, and toilet rooms every year from September 15 through June 1.

Key details: Minimum temp: 68°F in habitable rooms. Heat season: Sept 15 – June 1. Code basis: 2024 IPMC adopted by reference. Enforcer: Fargo Inspections Department. Old-building exception: Building official's discretion.

Fargo's Inspections Department (code official) enforces the Property Maintenance Code; unremedied heat violations fall under the city's default penalty schedule, Class B misdemeanor (up to $1,500 fine, 30 days) or infraction, per § 1-0301.

The Bottom Line

Fargo's rental property rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Fargo is broadly strict or permissive.

Keep in mind that Fargo can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.