North Dakota Small Claims Court

How to Sue Your Landlord in North Dakota Small Claims Court

North Dakota gives landlords 30 days to return your deposit. If they missed it, you may be entitled to up to 3x your deposit in penalties. Here's how to file.

North Dakota Small Claims — Quick Facts

Filing Fee

$10–$50

Max Claim

$15,000

Hearing Timeline

3060 days

Attorney Allowed

No

Penalty

Up to 3x damages (treble damages)

Statute

N.D. Cent. Code § 47-16-07.1

Step-by-Step: Filing in North Dakota

1

Calculate what you're owed

Confirm your landlord missed North Dakota's 30-day deadline. If they did, calculate your deposit plus any penalties you're entitled to under N.D. Cent. Code § 47-16-07.1.

Calculate your North Dakota deadline →
2

Send a demand letter first

North Dakota courts look favorably on tenants who attempted resolution before filing. Send a formal demand letter citing N.D. Cent. Code § 47-16-07.1 and the specific amount owed. Give your landlord 7–14 days to respond.

Generate a North Dakota demand letter →
3

Gather your evidence

Upload photos, your lease, and any communication with your landlord. You'll need move-in and move-out photos, proof your demand letter was sent, and any deduction statements your landlord provided.

Organize your evidence →
4

File your claim

File at the Small Claims Court in the county where the property is located. The filing fee is $10–$50 depending on your claim amount. You can recover this fee if you win.

Find your North Dakota court →
5

Serve your landlord

North Dakota accepts the following service methods: Certified mail, Process server, Sheriff. You cannot serve the papers yourself — have someone else deliver them or use a professional service.

6

Present your case

Bring copies of everything: your lease, photos, demand letter with proof of mailing, and any communication with your landlord. Present your case clearly and stick to the facts.

Prepare for your hearing →

What You Can Claim in North Dakota

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Your full security deposit

The amount your landlord failed to return

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Penalty: Up to 3x damages (treble damages)

Under N.D. Cent. Code § 47-16-07.1

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Interest on your deposit

North Dakota requires landlords to pay interest: Interest at reasonable rate

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Filing fee reimbursement

The court can order your landlord to reimburse your filing costs

Example: If your landlord withheld a $1,500 deposit in bad faith in North Dakota, you could recover up to $6,000 (deposit + 3x penalty) plus your filing fee.

North Dakota Small Claims FAQ

Do I need a lawyer for North Dakota small claims court?

No. North Dakota does not allow attorneys to represent parties in small claims court. You represent yourself, and the process is designed for people without legal training.

How long does North Dakota small claims court take?

After filing, your hearing is typically scheduled within 30–60 days. The hearing itself usually takes 15–30 minutes. The judge often rules the same day.

What if my landlord doesn't show up to court in North Dakota?

You win by default. The court will enter a default judgment for the amount you requested, assuming your claim is reasonable and supported by evidence.

How much can I sue for in North Dakota small claims court?

North Dakota small claims court handles cases up to $15,000. For security deposits, you may also claim penalties of up to 3x damages (treble damages) under N.D. Cent. Code § 47-16-07.1.

Ready to take action?

Start by calculating your exact deadline and what you're owed. Then generate a demand letter — most landlords respond before you ever need to file.

Last updated: March 12, 2026Reviewed for accuracy by a licensed attorney