North Dakota Statewide Rule
North Dakota Landlord Entry Rules
Key Facts
- Notice standard
- Reasonable; consent at a time certain (§ 47-16-07.3)
- Entry hours
- Reasonable hours, reasonable manner
- Emergencies
- Entry allowed at any time, no notice
- Harassment
- Right of access may not be abused
Summary
N.D. Cent. Code § 47-16-07.3 lets a landlord enter only during reasonable hours and in a reasonable manner, and the landlord must first obtain the tenant's consent unless it is impractical. The statute sets no fixed notice hours but bars using access to harass the tenant; emergency entry is allowed anytime.
A landlord may enter the dwelling unit: 1. At any time in case of emergency or if the landlord reasonably believes the tenant has abandoned the premises, or the landlord reasonably believes the tenant is in substantial violation of the provisions of the lease or rental agreement. 2. Only during reasonable hours, and in a reasonable manner, for the purpose of inspecting the premises; for making necessary or agreed repairs, decorations, alterations, or improvements; for supplying necessary or agreed services; or for exhibiting the residential dwelling unit to actual or potential purchasers, insurers, mortgagees, real estate agents, tenants, workmen, or contractors. Unless it is impractical to do so the landlord shall first notify and receive the consent of the tenant which shall not be unreasonably withheld, which consent shall identify a time certain. A landlord shall not abuse the right of access or use it to harass or intimidate the tenant.
Full Breakdown
Section 47-16-07.3 permits entry 'at any time in case of emergency' or where the landlord reasonably believes the unit is abandoned or the lease is being substantially violated. For routine purposes, inspection, repairs, services, or showings, the landlord may enter 'only during reasonable hours, and in a reasonable manner,' and 'unless it is impractical to do so the landlord shall first notify and receive the consent of the tenant which shall not be unreasonably withheld, which consent shall identify a time certain.' The statute adds that a 'landlord shall not abuse the right of access or use it to harass or intimidate the tenant.' Consent is presumed when a tenant fails to object after notice of intent to enter at a time certain. North Dakota fixes no specific advance-notice period (e.g. 24 hours), so reasonableness governs.
Violations & Penalties
No specific statutory penalty. A tenant facing abusive or harassing entry may seek damages or injunctive relief; unlawful entry can also support a habitability or quiet-enjoyment claim under Chapter 47-16.
Frequently Asked Questions
Does North Dakota require 24 hours' notice before a landlord enters?
Can a North Dakota landlord enter without permission?
Sources
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