North Dakota Statewide Rule
North Dakota Warranty of Habitability
Key Facts
- Core duty
- Keep premises fit and habitable (§ 47-16-13.1)
- Code compliance
- Building/housing codes affecting health and safety
- Water and heat
- Running water, hot water, reasonable heat at all times
- Tenant remedies
- Repair-and-deduct, recover cost, or vacate (§ 47-16-13)
Summary
N.D. Cent. Code § 47-16-13.1 requires North Dakota landlords to keep rentals fit and habitable: meeting building and housing codes, making repairs, and maintaining plumbing, heating, electrical, water, and common areas. Under § 47-16-13, a tenant whose repairs are neglected may fix and deduct, recover the cost, or vacate.
47-16-13.1. Landlord obligations - Maintenance of premises. 1. A landlord of a residential dwelling unit shall: a. Comply with the requirements of applicable building and housing codes materially affecting health and safety. b. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. c. Keep all common areas of the premises in a clean and safe condition. d. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord. e. Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal. f. Supply running water and reasonable amounts of hot water at all times and reasonable heat, except if the building that includes the dwelling unit is not required by law to be equipped for that purpose or if the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection or if the water or heat is unavailable due to supply failure by a public utility.
Full Breakdown
Section 47-16-13.1 obligates a residential landlord to 'comply with the requirements of applicable building and housing codes materially affecting health and safety,' to 'make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition,' to keep common areas clean and safe, to maintain electrical, plumbing, sanitary, heating, ventilating, and air-conditioning systems in good working order, to provide waste receptacles, and to 'supply running water and reasonable amounts of hot water at all times and reasonable heat.' A reasonable time is allowed to cure noncompliance. Under § 47-16-13, if the landlord neglects required repairs after notice, the tenant may repair and deduct the cost from rent, recover it lawfully, or vacate and be discharged from further rent. Aggrieved parties may also recover damages under § 47-16-13.5.
Violations & Penalties
No specific statutory penalty. Tenants may repair-and-deduct, recover repair costs, vacate without further rent liability (§ 47-16-13), or recover 'appropriate damages' for violations of §§ 47-16-13.1 through 47-16-13.6.
Frequently Asked Questions
What must a North Dakota landlord maintain?
Can a North Dakota tenant repair and deduct?
Sources
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