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Burleigh County North Dakota
Burleigh County · North Dakota

Burleigh County Landlord-Tenant Law

North Dakota landlord guide — Bismarck, state capital, state government employment, Sanford & CHI St. Alexius, University of Mary, Missouri River corridor & NDCC Ch. 47-16 / 47-32

🏛️ County Seat: Bismarck
👥 Population: ~103,000
🏛️ State: ND

Landlord-Tenant Law in Burleigh County, North Dakota

Burleigh County is North Dakota’s second most populous county, home to approximately 103,000 residents and anchored by Bismarck — the state capital and the seat of North Dakota’s state government. Bismarck’s character as a capital city shapes its rental market in a distinctive way: where Fargo’s economy is driven by a university, a technology sector, and competing hospital systems, Bismarck’s economy rests on a foundation of state government employment that is inherently stable across economic cycles, supplemented by two major hospital systems, a regional banking and financial services industry, and the University of Mary — a private Catholic university whose enrollment and medical program create a secondary professional rental demand pool. Burleigh County added 1,623 residents in 2023–2024, the second-largest gain of any North Dakota county, driven by Bismarck’s steady growth as a regional service and administrative center.

The county’s rental market benefits from the stability that government employment provides. State agency workers, legislators and their staffs, judicial employees, and the broad ecosystem of contractors, lobbyists, consultants, and nonprofits that orbit a state capital create a renter base whose income and employment is significantly less volatile than oil patch workers or private-sector employees tied to commodity cycles. Bismarck also anchors the Bismarck–Mandan metropolitan area, whose cross-river twin city of Mandan in Morton County contributes additional workforce that often rents in Burleigh County.

All residential landlord-tenant matters in Burleigh County are governed by NDCC Ch. 47-16 and Ch. 47-32. Eviction actions are filed at the Burleigh County District Court in Bismarck, part of the South Central Judicial District. No rent control exists in Burleigh County or any of its municipalities. No just-cause eviction requirement applies. The eviction framework is among the most landlord-favorable in the country.

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📊 Burleigh County Quick Stats

County Seat Bismarck (state capital)
Population ~103,000 (2nd largest in ND)
Major Cities Bismarck (~79,000), Lincoln (~6,500)
Median Rent ~$800–$1,100
Major Employers State of North Dakota, Sanford Health, CHI St. Alexius Medical Center, University of Mary, Bismarck State College, Basin Electric Power Cooperative
Median HH Income ~$88,700
Rent Control None
Landlord Rating 8/10 — stable government & healthcare economy, 3-day notice, no rent control, growing capital city market

⚖️ Eviction At-a-Glance

Nonpayment Notice 3-Day Notice to Pay or Quit
Lease Violation 3-Day Notice to Quit (no cure right)
Month-to-Month 30-Day Written Notice
Court Burleigh County District Court (South Central Judicial District)
Courthouse Address 514 E. Thayer Ave., Bismarck, ND 58501
Court Phone (701) 222-6690 ext. 1
Court Hours Mon–Fri 8:00 a.m.–5:00 p.m.
Filing Fee ~$80
Hearing Set 3–15 days after summons served
Hardship Stay Up to 5 days (court discretion)
Avg Timeline 2–5 weeks
Attorney Fees Recoverable by prevailing landlord (§ 47-32-04)

Burleigh County Local Ordinances & Landlord Rules

County and municipal rules that apply alongside North Dakota state law

Category Details
Rental Registration No mandatory landlord licensing or rental registration at the county or city level in Burleigh County. Bismarck does not require a general landlord registration for standard long-term residential rentals. Code enforcement is complaint-driven through the City of Bismarck Building Services Division. Short-term rental operators in Bismarck must comply with local zoning requirements and business licensing provisions.
Rent Control No rent control in Burleigh County. No local ordinance exists. For month-to-month tenancies, landlords must provide at least 30 days’ written notice prior to a rent increase. Rent may not be raised during a fixed-term lease unless the lease expressly permits it (NDCC § 47-16-07).
Security Deposit Cap of one month’s rent for standard tenancies (NDCC § 47-16-07.1). Pet deposit permitted up to the greater of $2,500 or two months’ rent. Felony conviction tenants: landlord may require up to two months’ rent as deposit. Return required within 30 days of tenant surrendering premises. Interest required on deposit if occupancy is 9 months or more. Move-in checklist required — both parties must sign.
Landlord Entry No specific statutory notice period in North Dakota, but entry must occur at reasonable times and for legitimate purposes. Emergency entry permitted without advance notice. Lease terms should define entry procedures. Bismarck courts apply a reasonableness standard in disputes.
Late Fees Must be stated in the written lease. Mandatory 3-day grace period applies (§ 47-16-07(2)) — no late fee may be charged until after the grace period expires. No statutory cap on the late fee amount, but it must be disclosed in the lease.
Legal Entities in Eviction LLCs, corporations, and other legal entities must be represented by a licensed North Dakota attorney in all eviction proceedings. Pro se representation is available only to individual natural persons. Failure to retain counsel for an entity-owned property will result in dismissal. (Wetzel v. Schlenvogt, 2005.)
2025 Eviction Record Sealing (SB 2238) Tenants may petition to seal eviction records 7 years after satisfying judgment, provided no subsequent evictions. Dismissals and tenant-favorable outcomes may be sealed immediately. Domestic violence victims may petition for immediate sealing. Landlords may present evidence opposing sealing requests. Background checks in Bismarck may no longer surface older eviction records after sealing — income and employment verification become more critical.
Just-Cause Eviction No just-cause eviction requirement in Burleigh County. Month-to-month tenancies may be terminated with 30 days’ written notice without cause. Fixed-term leases end at expiration without renewal obligation.

Last verified: May 2026 · Source: NDCC Ch. 47-16 · NDCC Ch. 47-32

🏛️ Courthouse Information

Where landlords file eviction actions in Burleigh County

🏛️ Courthouse Information and Locations for North Dakota

💸 Eviction Cost Snapshot

Typical fees for a Burleigh County eviction

💰 Eviction Costs: North Dakota
Filing Fee $80
Total Est. Range $150-350
Service: — Writ: —

North Dakota Eviction Laws

NDCC Ch. 47-16 and Ch. 47-32 statutes, notice requirements, and landlord rights that apply in Burleigh County

⚡ Quick Overview

3
Days Notice (Nonpayment)
3
Days Notice (Violation)
14-30
Avg Total Days
$$80
Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type 3-Day Notice to Pay Rent or Quit
Notice Period 3 days
Tenant Can Cure? Yes - tenant can pay all rent within 3-day notice period to stop eviction
Days to Hearing 3-15 (hearing set 3-15 days after summons served) days
Days to Writ Immediate after judgment (5-day hardship stay possible) days
Total Estimated Timeline 14-30 days
Total Estimated Cost $150-350
⚠️ Watch Out

CRITICAL: North Dakota is very landlord-friendly. 3-day notice for nonpayment after rent is 3 days past due. No cure right beyond the 3-day notice period. Eviction law strictly limits combining eviction with other lease claims. Court issues judgment for immediate restitution if landlord prevails (§ 47-32-04). Hardship exception: if tenant shows immediate removal causes substantial hardship (except for disturbing peace), court may stay writ up to 5 days. Tenant can request case be heard by District Court judge (rather than judicial referee) within 7 days. Security deposit may be applied to unpaid rent/fees by court. NEW (2025): SB 2238 allows tenants to petition for sealing eviction records 7 years after satisfying judgment (no subsequent evictions); DV victims can seal immediately.

Underground Landlord

📝 North Dakota Eviction Process (Overview)

  1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
  2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
  3. File an eviction case with the State District Court - Eviction Action (NDCC Ch. 47-32). Pay the filing fee (~$$80).
  4. Tenant is served with a summons and has the opportunity to respond.
  5. Attend the court hearing and present your case.
  6. If you prevail, obtain a writ of possession from the court.
  7. Law enforcement executes the writ and removes the tenant if necessary.
⚠️ Disclaimer: This page provides general information about North Dakota eviction laws and does not constitute legal advice. Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections. For specific legal guidance, consult a qualified North Dakota attorney or local legal aid organization.
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🔍 Reduce Your Risk Before Signing a Lease: North Dakota landlords who screen tenants carefully before signing a lease significantly reduce their risk of ending up in eviction court. Understanding tenant screening in North Dakota — including background checks, credit history, income verification, and rental references — is one of the most cost-effective steps you can take to protect your rental property. Before you ever need North Dakota's eviction process, proper tenant screening can help you identify red flags early and avoid problem tenancies altogether.
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⏱ Notice Period Calculator

Calculate your required notice period and earliest filing date

📋 Notice Period Calculator

Select your state, eviction reason, and the date you plan to serve notice. We'll calculate your earliest filing date and key milestones.

⚠️ Disclaimer: These calculations are estimates based on state statutes and typical court timelines. Actual results vary by county, court backlog, and case specifics. Always verify current requirements with your local courthouse. This is not legal advice.
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🏙️ Cities in Burleigh County

Major communities within this county

📍 Burleigh County at a Glance

Bismarck (ND state capital, state government, Sanford Health, CHI St. Alexius, University of Mary, Basin Electric), Lincoln (fast-growing suburb). Stable government-anchored economy. 3-day pay or quit, no rent control, no just-cause eviction.

Burleigh County

Screen Before You Sign

Core tenant profiles: state agency workers, legislative and judicial staff, Sanford and CHI St. Alexius health system employees, University of Mary faculty and students, Bismarck State College staff, Basin Electric and utility workers, and regional banking and financial services professionals. Government employment provides exceptional income stability — verify employment type and confirm income at 3x rent. Run ND District Court eviction records; note 2025 SB 2238 sealing provisions.

Run a Tenant Background Check →

A Landlord’s Guide to Renting in Burleigh County, North Dakota

Bismarck’s identity as North Dakota’s capital city is not merely a political designation — it is the defining economic fact of the Burleigh County rental market. When the state government is the dominant employer, the rental market acquires characteristics that distinguish it sharply from university towns, oil patch communities, or commercial metros: income is stable, employment is continuous across economic cycles, workers tend to stay for career-length tenures, and the pool of government-employed renters is large, diverse, and reliably creditworthy. For landlords, this represents one of the most favorable demand compositions available in any North Dakota market.

State Government: The Employment Anchor

The State of North Dakota is Burleigh County’s single largest employer, encompassing the executive branch agencies housed in the Capitol complex and surrounding state office buildings, the legislative branch and its staff, the judicial branch including the North Dakota Supreme Court and its administrative apparatus, the numerous regulatory and licensing agencies housed in Bismarck, and the broader constellation of state-funded institutions from the State Historical Society to the Department of Transportation to the Office of the Governor. State employment tends toward middle and upper-middle income levels, with strong benefits packages including pension plans and health insurance that stabilize household finances and make state workers among the most reliable rent-payers in any market. The political cycle of legislative sessions brings additional short-term rental demand every two years when the North Dakota Legislative Assembly convenes, creating a seasonal overlay on the base demand.

Healthcare: Sanford and CHI St. Alexius

Bismarck is home to two major hospital systems that together constitute the second pillar of the county’s employment base. Sanford Health operates Sanford Bismarck, a major regional medical center serving south-central North Dakota and northern South Dakota. CHI St. Alexius Medical Center — part of CommonSpirit Health — is the other major system, with deep roots in Bismarck going back more than a century. Together these two systems employ thousands of physicians, nurses, allied health workers, technicians, and administrative staff whose incomes and employment stability make them highly desirable tenants. The Bismarck medical corridor along the southern and eastern portions of the city generates substantial rental demand in nearby neighborhoods and represents a consistently strong segment of the county’s rental market.

University of Mary and Bismarck State College

The University of Mary is a private Catholic university in Bismarck with a growing enrollment and an expanding graduate and professional program portfolio that includes a medical school partnership with Sanford Health. University of Mary students, faculty, and staff contribute meaningful rental demand in the corridors near the university’s campus on the southern edge of Bismarck. Bismarck State College, a two-year technical college, adds a different student population — often working adults enrolled part-time, frequently already established in the community — whose rental demand tends to be less concentrated geographically and more integrated into the general market.

Basin Electric and Energy Sector Presence

Basin Electric Power Cooperative, one of the largest electric cooperatives in the United States, is headquartered in Bismarck and employs a significant professional workforce of engineers, attorneys, project managers, financial professionals, and administrative staff. The cooperative’s presence — and Bismarck’s role as a regional hub for energy regulation, compliance, and permitting given North Dakota’s oil and gas industry — brings additional professional employment that supports mid-to-upper rental demand across the county.

Lincoln: The Fast-Growing Suburb

Lincoln, a fast-growing community on Bismarck’s southeastern fringe, has emerged as one of the most active residential development corridors in Burleigh County. New single-family construction and increasing multi-family development have followed Lincoln’s population growth, and landlords operating in Lincoln should be aware that the community’s rapid expansion means newer rental stock competing with existing properties. Lincoln residents primarily commute into Bismarck for employment, giving them the same government and healthcare employment profiles as city renters but in a suburban setting that tends to attract families and longer-term renters.

North Dakota Law in Burleigh County

Burleigh County landlords operate under the same NDCC Ch. 47-16 and Ch. 47-32 framework that governs all North Dakota landlord-tenant relationships. The 3-Day Notice to Pay or Quit for nonpayment (after the mandatory 3-day grace period under § 47-16-07(2)), the 3-Day Notice to Quit for material lease violations with no right to cure, and the 30-Day Written Notice for month-to-month terminations are the operative notice timelines. The Burleigh County District Court at 514 E. Thayer Ave. in Bismarck handles eviction filings as part of the South Central Judicial District. Hearings are typically set within 3 to 15 days of summons service; if the landlord prevails, judgment for possession issues the same day. LLCs and other legal entities must retain licensed North Dakota counsel — pro se representation is not available to entities. Attorney fees are recoverable by the prevailing landlord under § 47-32-04.

The 2025 eviction record sealing law (SB 2238) applies in Bismarck as it does across the state. Landlords should be aware that thorough income verification, employment confirmation with the State of North Dakota or other major employers, and reference checks from prior landlords are increasingly important complements to court record searches as the sealing law matures.

Burleigh County landlord-tenant matters are governed by NDCC Ch. 47-16 and Ch. 47-32. Nonpayment notice: 3-day pay or quit (after 3-day grace period). Lease violation: 3-day quit (no cure). Month-to-month termination: 30-day written notice. Security deposit cap: 1 month’s rent; pet deposit up to $2,500 or 2 months. Deposit return: 30 days; interest required if occupancy 9+ months. Late fees must be in lease; no charge during 3-day grace period. Legal entities must use licensed ND attorney in eviction. Attorney fees recoverable by prevailing landlord (§ 47-32-04). Hardship stay: up to 5 days. Eviction filed at Burleigh County District Court, 514 E. Thayer Ave., Bismarck, ND 58501, (701) 222-6690 ext. 1. Filing fee ~$80. South Central Judicial District. 2025 SB 2238: eviction record sealing after 7 years. No rent control. No just-cause eviction requirement. Last updated: May 2026.

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Disclaimer: This page provides general information about landlord-tenant law in Burleigh County, North Dakota and is not legal advice. Laws change frequently. Always verify current requirements with a licensed North Dakota attorney before taking legal action. Last updated: May 2026.

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