North Dakota Security Deposit Return Demand Letter Template

North Dakota law (N.D. Cent. Code § 47-16-07.1) gives your landlord only 30 days to return your security deposit. Use our guided demand letter builder to draft a legally persuasive notice and start recovering what you are owed today.

Demand Letter Structure

1. Sender Information
[Your full name or company name]
[Mailing address]
[Email address]
[Phone number]
2. Date
[Date the letter is sent]
3. Recipient Information
[Recipient name or company name]
[Recipient mailing address]
4. Subject Line / Re:
[Re: Security Deposit Return — Demand for Resolution]
5. Statement of Claim
[Brief statement identifying the security deposit return dispute and the parties' relationship]
6. Date(s) of Incident
[Specific date, date range, or description of when the events occurred]
7. Description of Events
[Chronological, factual account of what happened, what was agreed, and how the recipient failed to perform]
8. Contract or Legal Reference
[Citation to the contract, agreement, invoice number, or statute that supports the claim — optional but strengthens the letter]
9. Demand for Relief
[Specific demand — typically return of the security deposit, itemized where possible]
10. Response Deadline
[Number of days the recipient has to respond — typically 7, 15, or 30 days from the date of the letter]
11. Consequences of Non-Response
[Statement that, if the demand is not met by the deadline, the sender will pursue arbitration, mediation, or litigation]
12. Governing State
This dispute is governed by the laws of North Dakota.
13. Closing & Signature
[Sincerely / Respectfully,]
[Signature]
[Printed name and title]
14. Enclosures
[Supporting documents — for a security deposit return claim, typically the lease, move-in and move-out photographs, deposit receipt, written communications]
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Template Details

Claim Category
Security Deposit Return
Governing State
North Dakota
Typical Use
Pre-litigation notice and settlement demand
Common Evidence
The lease, move-in and move-out photographs, deposit receipt, written communications

This template is provided for informational purposes only and does not constitute legal advice.

About Security Deposit Return Demand Letters

A North Dakota security deposit demand letter is a formal written notice that tenants use to request the return of their deposit from a landlord who has failed to comply with N.D. Cent. Code § 47-16-07.1. That law requires a landlord to either return the full deposit or provide a written, itemized statement of deductions within 30 days after the lease ends and the tenant gives up possession. When a landlord misses this deadline or makes improper deductions, a demand letter puts them on notice and often triggers immediate compliance. In North Dakota, sending a demand letter is not just a courtesy—it can establish the landlord’s bad faith and unlock your right to recover a $50 statutory penalty plus attorney’s fees under N.D. Cent. Code § 47-16-07.1(6).

An effective demand letter for a security deposit dispute in North Dakota should include: your full name, the rental property address, the dates of your tenancy, the exact amount of the deposit you paid, and a clear reference to N.D. Cent. Code § 47-16-07.1. Specify whether you are demanding a full refund or a proper itemization, and attach copies of your lease, deposit receipt, move-in and move-out photos, and any written communications you had with the landlord. If you want to preserve your right to sue, set a firm but reasonable deadline for the landlord to respond—typically 10 to 14 days. Because North Dakota small claims courts handle disputes up to $15,000, most deposit cases fall within that limit, and you can mention that you are prepared to file a claim if the matter is not resolved.

Frequently Asked Questions

Under N.D. Cent. Code § 47-16-07.1, a landlord must return the security deposit or provide a written, itemized statement of deductions within 30 days after the termination of the lease and the tenant’s delivery of possession. The 30-day clock starts when you give up the keys and the landlord regains control of the property. If the landlord fails to meet this deadline, they forfeit any right to keep the deposit and may be liable for additional damages, including a $50 penalty and possibly your attorney’s fees if bad faith is shown.

North Dakota treats security deposit disputes as contract claims. The statute of limitations for breach of a written contract is six years under N.D. Cent. Code § 28-01-16. This means you generally have six years from the date your landlord failed to return the deposit to file a lawsuit. However, it is wise to act much sooner because evidence and witnesses can become harder to locate over time. Sending a demand letter early preserves your rights and often leads to a faster resolution without court involvement.

North Dakota small claims court allows you to sue for up to $15,000. Since most residential security deposit disputes fall well below this limit, small claims court is a practical and cost-effective forum for tenants. The filing fees are relatively low, and you can represent yourself without an attorney. If your security deposit plus any statutory penalties exceed $15,000, you would need to file in the district court of the county where the rental property is located.

A strong demand letter for a North Dakota security deposit claim should include copies of: your signed lease showing the deposit amount, the deposit payment receipt, move-in photographs documenting the unit’s condition at the start of the tenancy, move-out photographs showing its condition when you left, and any written communications (emails, texts, letters) with your landlord about the deposit or any alleged damages. This evidence demonstrates that you met your obligations and refutes any undocumented deductions, making it more likely the landlord will return your money without a fight.

Your demand letter should clearly state that you are requesting the return of your security deposit under N.D. Cent. Code § 47-16-07.1. Include the full deposit amount, the date your tenancy ended, and a demand for either the full deposit or a proper itemized statement. Specify a response deadline (e.g., 14 days) and mention that if the landlord fails to comply, you may pursue a small claims action where you can also recover a $50 penalty and attorney’s fees for bad faith refusal. Keep the tone professional and avoid emotional language.

Address the letter to the person or entity named as the landlord in your lease. If the lease lists an individual, use their full name and mailing address. If a property management company or LLC is the landlord, direct the letter to that entity’s registered agent or the office address provided for notices. You can find the registered agent of a North Dakota LLC by searching the North Dakota Secretary of State’s business records online. Sending the letter to the correct party ensures it is legally effective and avoids delays.

If your landlord ignores your demand letter, you have the right to file a claim in North Dakota small claims court (for amounts up to $15,000) or district court. In court, you can ask not only for the return of your deposit but also for the $50 statutory penalty under N.D. Cent. Code § 47-16-07.1(6). If you can show that the landlord acted in bad faith—for example, by failing to follow the 30-day rule or refusing to provide an itemization—the court may also award your reasonable attorney’s fees. Your demand letter serves as key evidence that you attempted to resolve the matter before going to court.

Yes. Under N.D. Cent. Code § 47-16-07.1(6), if a landlord fails to return the deposit or provide an itemized statement within 30 days, they are liable to the tenant for the full deposit plus a $50 penalty. Additionally, if the tenant prevails in court and can show the landlord acted in bad faith, the court may award reasonable attorney’s fees. So your total recovery could be your deposit, $50, and legal costs, which can be a significant deterrent to landlords who wrongfully withhold funds.

North Dakota law does not explicitly require a demand letter before filing a small claims action for a security deposit, but it is strongly recommended. A well-drafted demand letter often prompts the landlord to return the deposit without legal action. If you end up in court, showing the judge that you sent a clear, reasonable demand can demonstrate your good faith and the landlord’s refusal to comply, strengthening your case for the $50 penalty and attorney’s fees under N.D. Cent. Code § 47-16-07.1(6).

If your landlord claims damages, North Dakota law requires them to provide you with a written, itemized statement of those damages within the same 30-day period (N.D. Cent. Code § 47-16-07.1(3)). You have the right to dispute any deductions that seem unfair or excessive. In your demand letter, you can challenge those claims by referencing your move-in and move-out photographs and the lack of proof. If the landlord fails to provide the itemization on time, they may lose the right to withhold any amount, even if legitimate damages existed.
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