This is a summary of South Dakota Landlord-Tenant laws that apply to residential (non-commercial) rentals. These references were compiled from the Codified Laws of South Dakota and various online sources to serve as a reference and for people wanting to learn about South Dakota landlord-tenant laws, South Dakota eviction laws, and South Dakota renters’ rights.
However, this guide is not comprehensive and PayRent does not warrant the accuracy of this information. Statutes can change any time the state legislature passes a new law. Additionally, counties and cities may have different regulations. Given its limitations, this guide is not an adequate substitute for legal advice from a knowledgeable lawyer. If you are dealing with a landlord-tenant issue, you seek guidance from a qualified attorney. If you need help finding an attorney, we’ve included a list of attorney referral services in this guide.
[cp_modal display=”inline” id=”cp_id_eb6c2″][/cp_modal]
Rules and Regulations Governing South Dakota Landlord-Tenant Laws
- S.D. Codified Laws Ann. §§ 43-32-1 to 43-32-30 – Lease of Real Property
- S.D. Codified Laws Ann. §§ 15-2-1 to 15-2-36 – Limitation of Actions
- S.D. Codified Laws Ann. §§ 21-16-1 to 21-16-12 – Forcible Entry and Detainer
South Dakota Lease Terms Provisions
- What is the maximum allowable security deposit?
The security deposit maximum in South Dakota is one month’s rent, unless “special conditions pose a danger to the maintenance of the premises.” (S.D. Codified Laws Ann. § 43-32-6.1)
- Are security deposits required to earn interest?
No. There is no South Dakota law requiring security deposits to earn interest.
- Do landlords need to store security deposits in a separate bank account?
No. There is no South Dakota law requiring security deposits to be stored in a separate bank account.
- Are non-refundable fees, such as pet fees, prohibited?
No. There is no South Dakota law forbidding non-refundable fees or limiting the amount that landlords can charge.
- How long do landlords have to return security deposits?
Two weeks after the end of the lease, as long as the tenant provided a mailing address. (S.D. Codified Laws Ann. § 43-32-24)
- Can landlords withhold security deposits?
Yes. Landlords can use the deposit to cover accrued rent and to repair any damages to the above ordinary wear and tear. (S.D. Codified Laws Ann. § 43-32-24)
- Are landlords required to itemize damages and fees deducted from security deposits?
Yes. The specific reasons for any withholding must be provided to the tenant in writing, if requested, within 45 days of the end of the lease. (S.D. Codified Laws Ann. § 43-32-24)
- Do landlords have to issue receipts upon receiving security deposits?
No. There is no South Dakota law requiring landlords to issue receipts for security deposits.
- Are there any specific requirements for record-keeping for deposit withholdings?
No. There is no South Dakota law specifying record-keeping requirements.
- What happens when a landlord does not return a security deposit within the required timeframe?
The landlord forfeits any rights to the security deposit and can be assessed punitive damages up to $200. (S.D. Codified Laws Ann. § 43-32-24)
- Is there a cap on how much landlords can charge for rent? (rent control)
No. There are no rent control laws in South Dakota.
- When is rent due?
Unless the lease states otherwise, rent for lodging is due at the end of each month. (S.D. Codified Laws Ann. § 43-32-12)
- Does rent need to be paid using a certain method of payment?
No. There is no South Dakota law requiring a certain payment method for rent.
- Can landlords charge late fees when rent is late?
Yes. There is no South Dakota law forbidding late fees or limiting the amount that landlords can charge.
- Do landlords have to allow for a grace period for paying rent before charging late fees?
No. There is no South Dakota law requiring a grace period before assessing late fees.
- Can landlords charge application fees?
Yes. There is no South Dakota law forbidding application fees or limiting the amount that landlords can charge.
- Can landlords charge returned check fees?
Yes. Landlords can charge a late fee up to $40. (S.D. Codified Laws Ann. § 57A-3-421)
South Dakota Landlord-Tenant Relations
- Are landlords required to provide tenants with notice of rent increases between lease terms?
Yes. On all month-to-month leases, any change in the terms of the lease must be given 30 days’ notice. (S.D. Codified Laws Ann. § 43-32-13)
- Are landlords required to provide tenants with notice of pesticide use on the property?
No. There is no South Dakota law requiring landlords to provide tenants with notice of pesticide use on the rental property.
- What notice is required to terminate a fixed-end lease?
No notice is required — the lease ends on the date stated in the lease. (S.D. Codified Laws Ann. § 43-32-22)
- What notice is required to terminate a week-to-week periodic tenancy?
At least 7 days’ notice is required to end a week-to-week tenancy. (S.D. Codified Laws Ann. § 43-32-15)
- What notice is required to terminate a month-to-month periodic tenancy?
The landlord must provide 30 days’ notice prior to ending a month-to-month lease. The tenant has 15 days after being provided notice of any changing lease terms to notify the landlord they are ending the lease effective on the first of the following month. (S.D. Codified Laws Ann. § 43-32-13)
There are provisions extending notice requirements for active military service members and their families to two months. (S.D. Codified Laws Ann. § 43-8-8)
- Is notice of the date and time of the move out inspection required?
There is no statute in South Dakota law covering this issue.
- When can landlords enter the rental premises with notice?
At reasonable times. (S.D. Codified Laws Ann. § 43-32-32)
- What notice must a landlord give a tenant before entering the rental unit?
The landlord must provide written notice 24 hours prior to entering, specifying when they will enter, why they will enter, and how the tenant can request the time of entry be rescheduled. Alternate notice provisions can be agreed upon in the lease. (S.D. Codified Laws Ann. § 43-32-32)
- When can landlords enter the rental premises without providing notice to their tenants?
- In case of an emergency.
- Unless it is impracticable to do so. (S.D. Codified Laws Ann. § 43-32-32)
- Landlords must deliver the premises and secure the tenant’s quiet enjoyment of the premises against all lawful claimants. (S.D. Codified Laws Ann. § 43-32-6)
- Landlords must make all repairs to keep the premises in good condition within a reasonable time after receiving written notice. (S.D. Codified Laws Ann. § 43-32-19(1))
- Landlords must keep all common areas of the premises in a clean and safe condition. (S.D. Codified Laws Ann. § 43-32-8)
- Landlords must maintain in good and safe working order all electrical, plumbing, and heating systems. (S.D. Codified Laws Ann. § 43-32-8)
- Tenants must not allow the premises to fall out of good and safe working order through their or another party’s negligent, willful, or malicious conduct. (S.D. Codified Laws Ann. § 43-32-8)
- Tenants must ensure the premises, appliances, and appurtenances do not fall out of good condition through their or another party’s negligent, willful, or malicious conduct. (S.D. Codified Laws Ann. § 43-32-10)
- Tenants must not permit the use of the premises in a manner contrary to the lease. (S.D. Codified Laws Ann. § 43-32-18(1))
- Tenants must make any repairs they are supposed to make in a reasonable time after the landlord requests such repairs. (S.D. Codified Laws Ann. § 43-32-18(2))
- Tenants must notify the landlord of any proceedings to recover the landlord’s property if notice of those proceedings is provided to the tenant. (S.D. Codified Laws Ann. § 43-32-16)
Required Landlord Disclosures
- Landlords are required to disclose any actual knowledge that the residential premises have been previously used in the production of methamphetamines. (S.D. Codified Laws Ann. § 43-32-30)
- Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.
South Dakota Renters’ Rights
- What are South Dakota renters’ rights if landlords breach their duties? (See Landlord’s Duties)
If a landlord’s failure to comply with the rental agreement or their legal duties materially affects the habitability or good and safe order of the premises, the renter may notify the landlord of the issue(s). If, after a reasonable time, the landlord has not addressed or neglected to repair the issue, the tenant can vacate the premises and be discharged from any future lease terms, or make the repairs themselves and deduct the expense of such repairs from the rent. (S.D. Codified Laws Ann. § 43-32-9)
- Are tenants allowed to withhold rent for needed repairs or other breaches of their landlords’ duties?
Yes. If the costs of any repairs necessary to bring the premises into good and safe order exceed one month’s rent, and the landlord has neglected to effect the repairs within a reasonable time after notice, the tenant can provide written notice of the specific reasons for withholding their rent to the landlord. The tenant then can immediately deposit the rent in a separate bank account, provide the landlord with notice of the deposit, and continue to deposit rent until the landlord makes the repairs or the deposits can cover the cost of the repairs themselves. (S.D. Codified Laws Ann. § 43-32-9)
- What are the protections for tenants against retaliation from their landlords for exercising their South Dakota renter’s rights?
South Dakota law prohibits landlords from increasing rent, decreasing services, or bringing or threatening to bring an action for possession if the tenant has complained to a governmental agency, complained to the landlord about a breach of landlord’s duties, or if the tenant becomes a member of a tenant’s union or similar organization. The provisions exist for 180 days after the bringing of a complaint or joining an organization. The landlord, however, may choose not to renew a lease at the end of its normal term. (S.D. Codified Laws Ann. § 43-32-27)
South Dakota Eviction Laws
- What are the reasons that landlords can evict tenants under South Dakota eviction laws?
- Nonpayment of rent. (S.D. Codified Laws Ann. § 21-16-1(4))
- Violation of lease terms / rental agreement. (S.D. Codified Laws Ann. § 21-16-1(7))
- The tenant remains in possession without the landlord’s consent after expiration or termination of the term of the rental agreement (holdover tenancy). (S.D. Codified Laws Ann. § 21-16-1(4))
- Illegal activity or the deliberate infliction of substantial damage to the property. (S.D. Codified Laws Ann. § 21-16-1(7))
- The property is sold and the tenancy will not continue under the new owners. (S.D. Codified Laws Ann. § 21-16-2)
- Falsely claiming the need for a service animal. (S.D. Codified Laws Ann. § 43-32-36)
- What notice do South Dakota eviction laws require that landlords provide tenants before starting the eviction process?
- For evictions based on non-payment of rent, the landlord must provide 3 days’ notice to quit the property. (S.D. Codified Laws Ann. § 21-16-2)
- For evictions based on breach of lease agreements, including illegal activity, there are no statutes governing how much notice must be provided before beginning the eviction process. There is also not any statute governing tenants’ attempts to cure any breaches prior to eviction.
- For evictions based on a holdover tenancy, landlords must provide the notice required to end the tenancy. If the tenant remains on the rental property after the termination date, the landlord can begin the eviction process without providing additional notice. (S.D. Codified Laws Ann. § 43-32-15)
- Do South Dakota eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities?
No. If a landlord evicts a tenant using self-help methods, the tenant can choose to recover possession or terminate the lease. Tenants can recover up to two months’ rent and the return of any outstanding security deposit. (S.D. Codified Laws Ann. § 43-32-6)
COVID-19 Changes to South Dakota Landlord-Tenant Laws
- The CDC has passed a national eviction ban through December 31, 2020, that prohibits landlords from evicting tenants who meet the following criteria for nonpayment:
- Have used their best efforts to obtain all available government assistance for rent.
- Expect to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return).
- Are unable to pay their full rent or make a full housing payment due to substantial loss of income or employment, or extraordinary medical bills.
- If evicted, will have no other housing options.
- The federal Coronavirus Aid, Relief, and Economic Security (CARES) Act requires landlords to provide a 30-day notice to tenants before eviction. However, the CARES Act only applies to properties that are supported by the United States Department of Housing and Urban Development (HUD), the United States Department of Agriculture (USDA), or the United States Treasury (Low Income Housing Tax Credit), and properties with federally-backed mortgages, such as FHA, Fannie Mae, and Freddie Mac.
- South Dakota Unified Judicial System
- South Dakota Attorney General
- South Dakota Insurance Division
- South Dakota Consumer Protection
- U.S. Department of Housing and Urban Development – South Dakota
- South Dakota Real Estate Commission
Attorney Referral Services
Realtor and Landlord-Tenant Associations
- South Dakota Association of Realtors
- Realtor Association of the Sioux Empire
- Black Hills Association of Realtors
- Aberdeen Area Association of Realtors
- Central South Dakota Board of Realtors
- East Central Board of Realtors
- Huron Board of Realtors
- Lewis & Clark Board of Realtors
- Mitchell Board of Realtors
- Mount Rushmore Area Association of Realtors
- Northeast South Dakota Association of Realtors
- South Dakota Multi-Housing Association
- Black Hills Area Multi-Housing Association