In South Dakota, a landlord’s right to access is strictly governed by S.D. Codified Laws § 43-32-32. While the law ensures landlords can maintain their property, it requires they respect your privacy and provide advance notice.
Notice Requirements
For non-emergencies (inspections, repairs, or showings), the landlord must:
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Provide reasonable notice, which state law presumes to be at least 24 hours.
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Provide notice in writing, specifying the date, the purpose of entry, and a time frame during normal business hours.
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Obtain your consent; however, you cannot “unreasonably withhold” consent for legitimate reasons like necessary repairs or inspections.
When Permission is NOT Required
A landlord may enter without your consent or advance notice only in these cases:
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Emergencies: To address immediate threats to life or property (e.g., fire, gas leak, or flooding).
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Impracticability: If it is genuinely impossible to provide notice before entry.
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Abandonment: If the landlord has a reasonable belief that you have permanently vacated the property.
The information for this answer was found on our South Dakota Landlord Tenant Rights answers.