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    North Dakota Rent Late Fee Calculator

    Calculate rent late fees and verify compliance with North Dakota state regulations. Free instant calculator with legal compliance verification.

    Late Fee Calculator
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    Enter your rental details to verify late fee compliance

    Select where the rental property is located

    Base rent only - exclude utilities, pet fees, parking, and other add-ons

    The late fee percentage specified in your lease agreement

    North Dakota Regulations
    State-specific late fee rules
    Grace Period
    0 days
    Daily Rates
    Not Allowed
    North Dakota's Landlord-Friendly Framework (Pending Reform)

    North Dakota represents one of the most landlord-friendly states in the nation regarding rent late fees, with no statutory cap, no mandatory grace period, and minimal regulatory oversight. This creates significant flexibility for landlords while relying entirely on contract law and reasonableness standards to protect tenants.(NDCC § 47-16-01 to 47-16-42)

    However, pending legislation in Senate Bill 2236 (introduced January 2025) proposes North Dakota's first statutory late fee cap at 8% of monthly rent with anti-compounding provisions. If passed, this would mark a significant shift toward tenant protection in the state.

    Primary Statute
    NDCC § 47-16-01 to 47-16-42

    Leasing of Real Property - Governs lease formation, landlord/tenant duties, and general rental obligations (does not specify late fee caps)

    Current Law: No Cap, Reasonableness Standard Only

    In the absence of statutory caps, North Dakota landlords employ widely varying late fee structures ranging from $10 to $100+, or 5-15% of monthly rent. The only legal constraint is the general requirement that fees be 'reasonable' and clearly disclosed in the lease agreement.

    For example, a $75 late fee on $1,000 rent (7.5%) would likely be upheld as reasonable, while a $500 fee (50%) might be struck down as unconscionable—though no North Dakota statute prohibits it. Courts have broad discretion to invalidate excessive fees if challenged, but the burden is on tenants to prove fees are unreasonable.

    Proposed Changes Under SB 2236 (If Enacted):

    • Maximum late fee: 8% of monthly rent
    • Anti-compounding provision: Late fees cannot be charged on top of previous late fees
    • Exception: Compounding allowed if total remains under 8% of rent
    • Implementation: Would apply statewide if enacted
    • Example: For $1,000/month rent, maximum late fee would be $80
    Municipal Regulations

    Fargo

    Fargo, North Dakota's largest city, follows state law without additional late fee caps. The city has adopted rental registration requirements and property maintenance codes, but late fee amounts remain unregulated at the municipal level.

    Learn more

    Bismarck

    As the state capital, Bismarck enforces state statutes without municipal late fee ordinances. Landlords have discretion on fee amounts within general reasonableness standards.

    Grand Forks, Minot, and Other Cities

    All North Dakota municipalities follow state law for late fees. Local ordinances focus on housing quality, licensing, and safety rather than fee regulation.

    Pending 2025 Legislation: Senate Bill 2236
    January 2025

    SB 2236 - Proposed 8% Late Fee Cap

    Introduced in January 2025, Senate Bill 2236 represents a significant shift toward tenant protection by proposing North Dakota's first statutory late fee cap at 8% of monthly rent. The bill includes anti-compounding provisions preventing late fees on top of previous late fees unless the total remains under 8%. Status: Under consideration as of November 2025. If passed, existing leases with fees exceeding 8% would become void and unenforceable, requiring landlords to reduce fees to comply. Tenants and landlords should monitor the North Dakota Legislative Assembly website for updates.

    Comparing North Dakota to Upper Midwest States
    North Dakota's minimal regulation places it among the most landlord-friendly states in the region (though pending legislation could change this):

    South Dakota

    No cap, reasonableness standard (similar to current North Dakota)

    0 day grace period

    Minnesota

    No cap, reasonableness standard (similar to current North Dakota)

    0 day grace period

    Montana

    Reasonableness standard, no specific cap (similar to current North Dakota)

    0 day grace period

    Wisconsin

    No cap, but Madison has 5% municipal limit

    0 day grace period
    Best Practices for Landlords and Tenants

    Landlord Best Practices:

    • Set fees at 5-8%: Stay within industry norms and proposed SB 2236 cap to minimize legal risk
    • Provide written disclosure: Include exact late fee amount and timing in every lease
    • Consider voluntary grace period: 3-5 days reduces tenant disputes
    • Monitor SB 2236: Track legislative developments and adjust fees if cap is enacted
    • Document actual costs: Maintain records showing administrative expenses from late payments
    • Apply fees consistently: Selective enforcement may violate fair housing laws
    • Avoid compounding: Don't charge late fees on top of previous late fees
    • Communicate clearly: Send written notices when late fees are assessed

    Tenant Best Practices:

    • Read lease carefully: Understand exact late fee amount and when it applies
    • Request grace period: Ask for 3-5 day grace period if not already provided
    • Document payments: Keep receipts, bank records, and proof of all rent payments
    • Challenge excessive fees: If charged more than 10%, request written justification
    • Pay rent separately from late fees: If disputing fees, pay rent in full to avoid eviction
    • Know your rights: Late fees must be in written lease to be enforceable
    • Track SB 2236: Monitor potential 8% cap legislation that could protect you
    • Seek legal help: Contact Legal Services of North Dakota for free assistance with disputes

    Frequently Asked Questions - North Dakota

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    State Regulations Reference
    Official source for North Dakota rent late fee regulations

    No statutory limit. Reasonableness standard applies. Must be in written lease agreement.

    View Official State Law →

    Updated October 2025