Housing & Tenant · Landlord Entry
Landlord Entry Notice in North Dakota
How much warning a landlord must give before entering your home in North Dakota, the hours entry is allowed, and what to do if they walk in unannounced, cited to the statute.
The rules and your rights in North Dakota
The notice, the allowed hours, the reasons a landlord may enter, and what to do about an unlawful entry.
| Advance notice | No notice period set by state statute |
| Allowed entry hours | Only during reasonable hours, and in a reasonable manner. |
| Reasons a landlord may enter | To inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, and exhibit the unit to actual or potential purchasers, insurers, mortgagees, real estate agents, tenants, workers, or contractors. |
| Emergency entry | A landlord may enter at any time in an emergency, and also on a reasonable belief of abandonment or of substantial lease violations. That is a broader set of no-consent grounds than most states carry. |
| Statute | N.D. Cent. Code §47-16-07.3 |
If the landlord enters unlawfully
The statute says a landlord may not abuse the right of access or use it to harass or intimidate you. North Dakota adds intimidation, which most states do not. But note the consent trap below, because doing nothing after a notice is treated as agreeing.
What you can do right now
Concrete, neutral steps if a landlord keeps entering your North Dakota home without proper notice. This is legal information, not legal advice.
- Object promptly, or you have agreed
This is the key North Dakota move. Consent is presumed if you do not object after notice of a time certain. So if an entry time does not work, say no in a way you can prove, because silence is treated as yes.
- Watch your door for posted notice
Notice can be given by posting it in a conspicuous place at the unit, so you may not get a call. Check your door, because a posted notice of a time certain starts the clock on your chance to object.
- Keep a dated log
Record each notice and entry: the date, the time certain given, whether you objected, and when. A log is your evidence that you did object, which matters because silence counts as consent.
- Get local help
The statute bars abusing access or using it to harass or intimidate you. For a pattern of entries, contact a local North Dakota legal aid office. Search for legal aid in your area.
This is general legal information, not legal advice. Read your own lease and check for a local ordinance, since either can change what applies to your home.
What North Dakota renters get wrong
North Dakota is the one state on this topic that turns silence into agreement. Under N.D.C.C. 47-16-07.3 the landlord must notify the renter and obtain consent identifying a time certain, which sounds protective, but the next sentence says consent is presumed if the renter does not object once notice of a time certain has been given. So a North Dakota renter who ignores a note taped to the door has consented by doing nothing. That is the exact opposite of what most renters assume, and it makes objecting, promptly and in a way that can be proved, the single most useful thing a North Dakota renter can know. Notice can be given by personal service, by posting it conspicuously at the unit, or by any other method that results in actual notice, so the door counts. The statute limits entry to reasonable hours and bars a landlord from abusing access or using it to harass or intimidate, a rare mention of intimidation. But the presumed-consent rule is the thing to remember.
Common questions
Did I consent by not replying in North Dakota?
Possibly. N.D.C.C. 47-16-07.3 presumes consent from a failure to object after notice of a time certain has been given. So ignoring a proper notice can count as agreeing to the entry, which is why prompt objection matters so much here.
How do I object to an entry in North Dakota?
Respond to the notice in a way you can prove, by text, email, or written note, saying you do not consent to the stated time and, ideally, proposing another. Keep a copy, because silence is treated as consent under the statute.
Does a note on the door count as notice in North Dakota?
Yes. The statute allows notice by posting it in a conspicuous place at the unit, or by any method that results in actual notice. So a posted note of a time certain can start your window to object, which means checking your door matters.
What is a time certain in North Dakota?
It is a specific stated time for the entry, not a vague window. The landlord consent requirement is tied to notice that identifies a time certain, and your chance to object runs from that notice, so the stated time is what you are agreeing to if you stay silent.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.