Legal Question in Landlord & Tenant Law in North Dakota

Below is the law dealing with security deposits. The way I read the law, your landlord can collect a higher security deposit when you have a pet, but the law does not allow it to be non-refundable.

47-16-07.1. Real property and dwelling security deposits - Limitations and

requirements.

1. The lessor of real property or a dwelling who requires money as a security deposit,

however denominated, shall deposit the money in a federally insured

interest-bearing savings or checking account for the benefit of the tenant. The

security deposit and any interest accruing on the deposit must be paid to the lessee

upon termination of a lease, subject to the conditions of subsection 2. A lessor may

not demand or receive security, however denominated, in an amount or value in

excess of one month's rent, except if the lessee is housing a pet on the leased

premises, the security may not exceed the greater of two thousand five hundred

dollars or an amount equivalent to two months' rent.

2. A lessor may apply security deposit money and accrued interest upon termination of

a lease towards:

a. Any damages the lessor has suffered by reason of deteriorations or injuries to

the real property or dwelling through the negligence of the lessee or the

lessee's guest.

b. Any unpaid rent.

c. The costs of cleaning or other repairs which were the responsibility of the

lessee, and which are necessary to return the dwelling unit to its original state

when the lessee took possession, reasonable wear and tear excepted.

Application of any portion of a security deposit not paid to the lessee upon

termination of the lease must be itemized by the lessor. Such itemization together

with the amount due must be delivered or mailed to the lessee at the last address

furnished lessor, along with a written notice within thirty days after termination of the

lease and delivery of possession by the lessee. The notice must contain a

statement of any amount still due the lessor or the refund due the lessee. A lessor is

not required to pay interest on security deposits if the period of occupancy was less

than nine months in duration. Any amounts not claimed from the lessor by the

lessee within one year of the termination of the lease agreement are subject to the

reporting requirements of section 47-30.1-08.

3. A lessor is liable for treble damages for any security deposit money withheld without

reasonable justification.