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North Dakota Clause Providing for the Reduction of the Tenant Security Deposit

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US-OL4A012B
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This office lease clause states that the amount of the security deposit shall be reduced from 4 months' Base Rent to 3 months' Base Rent provided that certain lease conditions are met by the lessee.

In North Dakota, the Clause Providing for the Reduction of the Tenant Security Deposit is an important aspect of rental agreements. This clause outlines the specific conditions under which a landlord can withhold a portion of the tenant's security deposit at the end of their tenancy. By understanding this clause, both landlords and tenants can ensure a fair and transparent rental process. The North Dakota Clause Providing for the Reduction of the Tenant Security Deposit serves to protect the interests of both parties involved. Landlords typically require tenants to provide a security deposit upfront as a form of financial protection against potential damages or unpaid rent during the tenancy. This deposit is held by the landlord throughout the rental period and is returned to the tenant, minus any valid deductions, once the lease agreement has ended. There are various types of North Dakota Clauses Providing for the Reduction of the Tenant Security Deposit that landlords may include in their rental agreements. These clauses are designed to define the specific scenarios in which the landlord has the right to withhold part or all of the tenant's security deposit. Here are a few essential types: 1. Damage-related deductions: This type of clause allows the landlord to withhold money from the security deposit in case the property is damaged, beyond normal wear and tear, during the tenant's stay. It may specify what kind of damages could result in a deduction, such as broken appliances, holes in walls, or excessive stains on carpets. 2. Unpaid rent and utility costs: A clause may state that if the tenant fails to pay their rent or utility bills in full, the landlord can deduct the outstanding amount from the security deposit when the lease terminates. This ensures that tenants fulfill their financial obligations and discourages any outstanding balances. 3. Cleaning and maintenance costs: Some clauses stipulate that tenants must return the property in a clean and well-maintained condition. If the premises require excessive cleaning or repairs due to negligence, the landlord can deduct these expenses from the security deposit. 4. Early lease termination: In certain situations where a tenant terminates the lease prematurely, without proper notice or before the agreed-upon lease term, the landlord might be allowed to deduct certain charges — such as advertising costs or lost rent — from the security deposit. 5. Non-compliance with move-out procedures: A variant of this clause specifies that if the tenant fails to follow the proper move-out procedures outlined in the lease agreement, such as returning all keys or leaving the property in an unacceptable condition, the landlord may retain a portion of the security deposit to cover additional expenses incurred. It is important to note that North Dakota law sets certain limitations on the maximum security deposit amount, as well as guidelines for the proper handling of these deposits. The Clause Providing for the Reduction of the Tenant Security Deposit should align with these legal requirements to maintain a fair and lawful rental agreement. Both landlords and tenants should thoroughly review and understand this clause before signing any lease agreements to prevent any misunderstandings or disputes later on.

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FAQ

C. 186, §15B will require the landlord to immediately return to the security deposit to the tenant; however, the following three (3) violations will subject a landlord to treble damages and attorneys' fees: The landlord fails to deposit the security deposit into a qualified separate interest bearing bank account.

Rent and Fees Late Fees: There is no statutory limit on late fees in North Dakota. Grace Period: There is no mandatory grace period in North Dakota. NSF/Bounced Check Fee Maximum: If the tenant's rent check bounces, the landlord may charge any collection fees or costs less than or equal to $40 (NDC § 6-08-16).

Section 92.104 of the Texas Property Code describes what a landlord may deduct from a security deposit: Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease.

However, interest is not required to be paid if occupancy was shorter than nine months in duration (ND Century Code 47-16-07.1(3)). Any security deposit in excess of $50 or one month's rent, whichever is greater, shall bear interest at a rate of 5% per year.

The landlord can require a security deposit of up to one month's rent, plus an additional deposit if you have a pet. If you have a felony conviction, the landlord can require up to two months' rent for a security deposit.

North Dakota is generally a landlord-friendly state where landlords can charge whatever they deem reasonable for rent and security deposits. Make sure to always check local area laws along with state laws to ensure you're fully educated.

A landlord is required to pay interest owed on a security deposit to the tenant annually. If you paid more than one refundable deposit, like a pet deposit in addition to a security deposit, you can add those amounts together when calculating the interest you are owed.

How much can the deposit be? No more than two months' rent for an unfurnished unit. For a furnished unit, the deposit cannot be more than three months' rent.

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A landlord is not permitted to withhold security deposit money for normal wear and tear to the rental property. NDCC § 47-16-07.1. Additional Requirements: Not ... The security deposit and an itemized list of deductions must be returned to you within 30 days of moving out. The landlord can deduct for damages to the ...Nov 3, 2023 — Collect security deposits to cover unforeseen costs like unpaid rent and rental damage beyond normal wear and tear; Pursue formal evictions if ... There are repercussions to withholding security deposits if there is no reasonable justification. Usually, you'll be liable for paying up to 3X the amount ... If Tenant is entitled such reduction in the Security Deposit, Tenant shall provide Landlord with written notice requesting that the Security Deposit be ... Occupants Should Complete a Written Rental Application. As a landlord, you can ... You should hold the security deposit in an interest-bearing savings account. A security deposit may not exceed an amount equal to 1 month's rent. The ... Rental Application: Our Free Rental Application lets you gather important info from ... The landlord may deduct, from the security deposit, amounts to cover damage from tenants or their guests, unpaid rent, and/or costs of cleaning or other ... May 11, 2015 — Provide a receipt for the security deposit; Deposit the security funds in a separate account; Comply with the 30 day deadline to return the ... by MA General — Minnesota law allows a landlord to withhold from a security deposit only to cover unpaid rent,149 damages to the rental unit beyond ordinary wear and tear ...

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North Dakota Clause Providing for the Reduction of the Tenant Security Deposit