North Dakota landlord entry: a time certain, presumed consent and wider emergency reasons
N.D.C.C. 47-16-07.3 is built on consent rather than a fixed number of hours. Unless impractical, the landlord first notifies the tenant and receives consent that identifies a time certain. Consent is presumed if the tenant does not object after notice, and the landlord may enter at any time for an emergency, an apparent abandonment or a reasonably believed substantial lease violation.
What are the two kinds of entry?
The section opens with entry at any time. A landlord may enter the dwelling unit at any time in case of emergency, or if the landlord reasonably believes the tenant has abandoned the premises, or reasonably believes the tenant is in substantial violation of the lease or rental agreement. The third reason is unusual: suspicion of a substantial lease violation, if reasonable, is enough.
Everything else falls in the second category. Entry must be only during reasonable hours and in a reasonable manner, for inspecting, for necessary or agreed repairs, decorations, alterations or improvements, for supplying necessary or agreed services, or for exhibiting the unit to purchasers, insurers, mortgagees, real estate agents, tenants, workmen or contractors.
What is a time certain?
Unless it is impractical, the landlord must first notify the tenant and receive consent, which may not be unreasonably withheld, and the consent identifies a time certain. So the message should propose a specific time, not a range of days. Consent is presumed from failure to object after notice of intent to enter at a time certain has been given.
Example a made-up owner in Fargo texts "Plumber will be there Friday at 2 p.m. to replace the kitchen valve. Reply if that time is a problem." No reply arrives, so consent is presumed. If the tenant answers "Friday does not work", the owner proposes another time instead of entering.
How may notice be given?
By personal service, by posting the notice in a conspicuous place in or about the dwelling unit for a reasonable period of time, or by any other method which results in actual notice to the tenant. The common thread is actual notice. A posting on a door nobody passes proves less than a text the tenant answered.
What are the limits?
A landlord shall not abuse the right of access or use it to harass or intimidate the tenant. The section I read does not name a specific penalty. Be careful with the "substantial violation" reason: it is a reasonable-belief standard, so keep the facts (a complaint, a photo, a report) that support your belief.
Avoiding trouble in North Dakota
The consent model rewards clear messages. Name a specific time, say what the visit is for and invite an objection. A message that says "sometime next week" does not identify a time certain, so consent cannot be presumed from silence. Presumed consent also has a limit: if the tenant answers that the time is a problem, the presumption is gone and you should propose another. For the abandonment and substantial violation reasons, document before you act. Photos of mail piling up, a utility notice, or the tenant's own message are the kind of facts that make your belief reasonable. Enter, record what you did, and tell the tenant afterward.
How DoorKeeping fits in North Dakota
DoorKeeping keeps each message you send a North Dakota tenant in a thread tied to the unit, so the notice, its date and the tenant's reply sit next to the lease and the work order. The tenant's reply, or the absence of one, is recorded with the time you proposed. This is general information, not legal advice. Check the current statute and your lease before you act.
Sources
Questions
- Does North Dakota require a set number of hours of notice?
- No. The landlord notifies the tenant and receives consent identifying a time certain, unless impractical. Consent is presumed if the tenant does not object.
- When can a North Dakota landlord enter at any time?
- In an emergency, if the landlord reasonably believes the tenant has abandoned the premises, or reasonably believes the tenant is in substantial violation of the lease.
- How can notice be given in North Dakota?
- By personal service, by posting in a conspicuous place in or about the unit for a reasonable period, or by any method that results in actual notice.