Housing · Repair and Deduct

Repair and Deduct in North Dakota

How much of the rent a tenant can spend on a repair and subtract in North Dakota, how often, the notice required, and the alternative if the state has no statutory remedy. Cited to the statute.

Confirmedagainst N.D. Cent. Code § 47-16-13 · checked against a mirror of the official code (Cornell LII / Justia)Reviewed by Cholilurrohman · July 2026

Repair and deduct from rent? · North Dakota

North Dakota lets a tenant repair dilapidations the landlord ought to repair and deduct the expense from the rent, with no dollar or percentage cap. The tenant must first give notice, and the landlord must neglect to repair within a reasonable time. As an alternative, the tenant may vacate and be released from all further rent.

Actual cost, no cap

Cost capActual cost, no cap

Notice periodReasonable time

StatuteN.D. Cent. Code § 47-16-13

How repair and deduct works in North Dakota

The cost cap or the alternative remedy, the notice steps, and the limits that apply.

How it works	What it means
The problem must be a dilapidation the lessor ought to repair	The statute uses the phrase dilapidations which the lessor ought to repair. The condition must be one the landlord is responsible for fixing, not a cosmetic preference.
Give notice, then wait a reasonable time	The tenant must give notice of the dilapidations, after which the landlord must neglect to repair them within a reasonable time before the tenant acts. What counts as reasonable is left to a court.
Deduct the expense, with no cap	The tenant may repair the premises and deduct the expense of such repair from the rent. No monetary or percentage limit appears, so the ceiling is the reasonable cost of the repair itself.

Limits and alternatives	What it means
You can walk away instead	As an alternative, the tenant may vacate the premises and be released from all further rent and lease obligations, or recover the cost by other lawful means.
Reasonable time is undefined	Because the statute uses reasonable time rather than a day count, the waiting period is whatever a court later decides. The vagueness cuts both ways, so document your notice carefully.

What you can do right now

Concrete, neutral steps if the landlord will not repair in North Dakota. This is legal information, not legal advice.

Put the dilapidation in writing to the landlord
Notify the landlord of the condition that ought to be repaired and keep a copy. Notice is what starts the reasonable-time clock.
Give a reasonable time before acting
Wait a reasonable time for the landlord to repair. Because the statute sets no day count, keep a clear record of when you gave notice and how long you waited.
Repair and deduct, or vacate
If the landlord neglects the repair, you may fix it and deduct the reasonable cost, keeping receipts. Alternatively you may vacate and be released from all further rent.
Ask Legal Services of North Dakota if unsure
Because reasonable time is undefined, Legal Services of North Dakota or a licensed North Dakota attorney can advise on timing before you deduct or leave.

Find help in North Dakota

Repair remedies have strict notice steps, and using the wrong one can put your tenancy at risk. This resource can connect you with a tenant hotline or a licensed attorney.

→ Legal Services of North Dakota

This is general legal information, not legal advice. Notice steps, caps, and local ordinances can change the answer, so confirm your situation with a tenant resource or a licensed attorney.

What North Dakota tenants get wrong about repair and deduct

North Dakota uses nineteenth-century language and gives a remedy more generous than most modern statutes. Under N.D. Cent. Code § 47-16-13, a tenant who has given notice of dilapidations which the lessor ought to repair, and whom the landlord has left to wait while neglecting to repair within a reasonable time, may repair the premises and deduct the expense of such repair from the rent. There is no dollar cap and no percentage limit, so the ceiling is simply the reasonable cost of the work. The statute also gives an escape hatch that many newer laws leave out. Instead of repairing, the tenant may recover the cost by other lawful means, or may vacate the premises and be released from all further rent and lease obligations. The vagueness in the section cuts both ways. Reasonable time is whatever a court later decides, which gives a renter no fixed number to rely on, but the absence of a monetary ceiling is real and unusual. The practical advice is to put the dilapidation in writing, keep a careful record of the notice and the wait, and then choose between repairing and deducting or leaving the lease behind entirely.

Common questions

Is there a limit on repair and deduct in North Dakota?

No dollar or percentage cap appears in N.D. Cent. Code § 47-16-13. The tenant may deduct the expense of the repair, so the practical ceiling is the reasonable cost of the work.

How long is a reasonable time to wait?

The statute does not set a day count. It says the landlord must neglect to repair within a reasonable time, which a court decides case by case, so document when you gave notice.

Can I just leave instead of repairing?

Yes. As an alternative, you may vacate the premises and be released from all further rent and lease obligations, rather than doing the repair and deducting the cost.

What are dilapidations?

It is the statute’s older word for disrepair the landlord is responsible for fixing, the dilapidations which the lessor ought to repair. Cosmetic or tenant-caused problems fall outside it.

Primary source

→ N.D. Cent. Code § 47-16-13

North Dakota Century Code (N.D. Cent. Code § 47-16-13) · ndlegis.gov

Cholilurrohman
Every figure on this page is checked line-by-line against the current statute. Editorial standards →

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.

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