North Dakota · N.D.C.C. §47-16-07.1North Dakota tenant security deposits when you sell a rental
North Dakota's deposit statute speaks directly to a sale. Upon a transfer in ownership of leased real property or a dwelling, the security deposit and accrued interest are transferred to the grantee of the lessor's interest; the grantor isn't relieved of liability until the deposit is transferred; and the holder of the lessor's interest when a lease ends is bound by the statute even though it wasn't the original lessor (N.D. Cent. Code §47-16-07.1(5)). The rules the buyer inherits: deposits are held in a federally insured interest-bearing savings or checking account for the tenant's benefit; a deposit may not exceed one month's rent, except up to two months in two listed cases, and a pet deposit is capped at the greater of $2,500 or two months' rent; within 30 days after the lease ends and the tenant delivers possession, the landlord mails or delivers an itemized statement with any refund, and interest isn't owed if the occupancy lasted less than nine months; withholding without reasonable justification brings treble damages (§47-16-07.1(1)–(4)).
The rules
1. Transfer with interest (§47-16-07.1(5))
Deposit and accrued interest go to the buyer.
2. Seller liable until then
The grantor isn't released until the transfer.
3. Owner at the end is bound
Even if it wasn't the original landlord.
4. Treble damages (§47-16-07.1(4))
For withholding without reasonable justification.
What the TC can do
- Get each tenant's deposit and the interest accrued from the seller.
- Put the transfer of deposits plus interest in front of whoever is closing the sale.
- Note each lease's start date – no interest is owed under nine months of occupancy.
Questions about North Dakota deposits on a sale
What happens to deposits when a North Dakota rental is sold?
The deposit and accrued interest are transferred to the buyer, and the seller stays liable until they are (N.D. Cent. Code §47-16-07.1(5)).
What is the maximum security deposit in North Dakota?
One month's rent, with up to two months allowed in two listed cases; a pet deposit is capped at the greater of $2,500 or two months' rent (§47-16-07.1(1)–(2)).
How fast must a North Dakota landlord return a deposit?
Within 30 days after the lease ends and the tenant delivers possession, with an itemized statement (§47-16-07.1(3)).
Related guides
Answer "Tenants stay" on the deal in ClosingCode and it adds the rent roll and deposit accounting document with this state's rule, the deposit-transfer step before closing and the tenant-notice step after.
Start free trialSource: North Dakota Century Code §47-16-07.1 (ndlegis.gov, read October 26, 2026).
General information, not legal advice. Have a North Dakota attorney review the specific leases. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.