Mobile home park fees in North Dakota

North Dakota's mobile home park statute caps late fees and bars forced sales to the park owner, and the general leasing law caps the security deposit. The information below describes how the law generally works; anyone disputing a specific charge should consider consulting a licensed attorney in North Dakota.

What the statute says

N.D.C.C. §47-10-28(11) caps late fees: "a mobile home park may not charge a monthly late fee of more than ten percent of the monthly rent. In addition to the monthly late fee, a mobile home park may not charge a daily late fee of more than five dollars per day." Section 47-10-28(2) bars a park from "requir[ing] a tenant who owns a mobile home located on the property to sell or transfer ownership of the home to the owner of the mobile home park."

The security deposit is capped by N.D.C.C. §47-16-07.1: a lessor "may not demand or receive security ... in an amount or value in excess of one month's rent," except that "up to two month's rent" may be accepted in limited situations, and the deposit must be held "in a federally insured interest-bearing savings or checking account for the benefit of the tenant."

How it works in general

A North Dakota park's late fee is capped — no more than 10% of the monthly rent as a monthly fee, plus no more than $5 a day if a daily fee is charged. The park can't pressure a resident into selling the home to the park owner. The security deposit generally can't exceed one month's rent (up to two months in limited cases), must sit in an interest-bearing account, and the interest belongs to the tenant. Other park charges are governed by the lease and by the broader §47-10-28 rules (including the utility limits in the Utilities guide).

Common scenarios

General examples North Dakota park residents commonly encounter:

• A late fee looks excessive. The monthly late fee can't exceed 10% of rent, and any daily late fee can't exceed $5 (§47-10-28(11)).
• A park pressures a resident to sell the home to the owner. That's barred (§47-10-28(2)).
• A park demands a large deposit. It generally can't exceed one month's rent (§47-16-07.1).

Other authorities that may apply

The mobile home park statute (§47-10-28) caps late fees and bars forced sales, with a civil penalty for violations (§47-10-28(12)); the general leasing law (§47-16-07.1) caps and governs the deposit. The written lease defines other charges. Federal law can apply in particular situations.