N.D.C.C. §§ 47-16-01 through 47-16-30.1, 47-16-31 through 47-16-35, 47-16-42 § 47-16-10
Injuries to real property - Must be repaired by lessee.
Operative Text
47-16-10. Injuries to real property - Must be repaired by lessee.
The lessee of real property must repair all deteriorations or injuries thereto occasioned by
the lessee's ordinary negligence.Under N.D.C.C. § 47-16-10, a tenant who rents real property is responsible for repairing any deterioration or damage to that property that results from the tenant's own ordinary negligence. This rule distinguishes between normal wear and tear—which is generally not the tenant's responsibility—and damage caused by the tenant's failure to exercise reasonable care. The provision places the cost and obligation of remedying such negligence-caused harm squarely on the lessee rather than the property owner.
Plain English — not legal advice.
Under N.D.C.C. § 47-16-10, compliant property owners generally document the condition of a rental unit at move-in and move-out to establish a clear baseline for identifying any deterioration caused by a tenant's ordinary negligence. Operators typically distinguish between normal wear and tear, which is not recoverable under this provision, and damage attributable to a tenant's failure to exercise reasonable care. Maintaining thorough written records and photographs helps support any claim that repairs were necessitated by the lessee's negligence rather than ordinary use.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.D.C.C. § 47-16-10 establishes that tenants are responsible for repairing damage they cause through their own ordinary negligence, but it does not make tenants liable for normal wear and tear that results from everyday living. Tenants who receive a repair demand or face a deduction from their security deposit based on this provision may want to review whether the claimed damage truly resulted from negligence rather than ordinary use. Consulting a tenant-rights organization or legal aid service can help clarify how this distinction applies and what options may be available, such as disputing a charge in small claims court.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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