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North Dakota Statewide Rule

North Dakota Bans Local Rent Control

Few RestrictionsApplies statewide across North Dakota (2026)

Key Facts

Local rent control
Banned (state-preempted)
Statewide rent cap
None
Preemption statute
N.D. Cent. Code 47-16-02.1
Cities with rent control
None
Last verified: September 5, 2026Source: North Dakota Legislative Branch

Summary

North Dakota expressly preempts local rent control. N.D. Cent. Code 47-16-02.1 bars any political subdivision from enacting, maintaining, or enforcing an ordinance or resolution that controls the rent charged for private residential or commercial property. There is no statewide rent cap, and no North Dakota city has rent control.

A political subdivision may not enact, maintain, or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property. This section does not impair the right of a political subdivision to manage and control residential property in which the political subdivision has a fee title interest.

Source: North Dakota Legislative BranchView official code

Full Breakdown

N.D. Cent. Code 47-16-02.1, titled "Rent controls - Prohibited," provides that "A political subdivision may not enact, maintain, or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property." The statute carves out only property in which the political subdivision itself holds a fee title interest, which it may still manage and control. This is a clear statewide preemption of municipal rent control over private rentals. North Dakota imposes no statewide cap on rent or rent increases, so for private property a landlord may raise rent by any amount at lease renewal, subject only to the notice required to end or change a periodic tenancy. Because no city may enact rent control, none in North Dakota does.

Violations & Penalties

Any city or county ordinance limiting rent on private property violates N.D. Cent. Code 47-16-02.1 and is beyond the political subdivision's powers, so a court could strike it down. The statute sets no fine because a preempted measure simply has no legal effect.

Frequently Asked Questions

Is rent control legal in North Dakota?
No. North Dakota has no rent control. N.D. Cent. Code 47-16-02.1 bars any political subdivision from enacting or enforcing an ordinance that controls the rent charged for private residential or commercial property, and there is no statewide rent cap.
Can a city in North Dakota pass its own rent control?
No. N.D. Cent. Code 47-16-02.1 expressly prohibits a political subdivision from controlling rent on private property, so a municipal rent control ordinance would exceed the city's powers and be unenforceable. The only exception is property in which the subdivision holds a fee title interest.
Is there a limit on how much rent can increase in North Dakota?
No. North Dakota sets no cap on rent or rent increases for private property. A landlord may raise rent by any amount at lease renewal, subject only to giving proper notice to end or change a periodic tenancy.

Sources

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