South Dakota Rent Increases & Fees

Last Updated: May 5, 2022 by Elizabeth Souza

QUICK FACTS
  • Rent Control / Increase Limitations. South Dakota state landlords can raise rent only if it’s indicated in the lease agreement.
  • Notice Required to Raise Rent. For month-to-month tenancies, South Dakota landlords must provide 30 days’ notice from next rent due date.
  • Bounced Check Fees. South Dakota state landlords may charge up to $40 for bounced checks.

When Can a Landlord Increase Rent?

A landlord may not increase rent during the term of a lease, unless the lease states otherwise.

Questions? To chat with a South Dakota landlord tenant attorney, Click here

When is it Illegal to Raise Rent?

It is illegal for a South Dakota landlord to increase rent in retaliation for a tenant filing a complaint with the appropriate agency in regard to the health or safety of the property, requesting that the landlord make repairs on the property, or joining a tenant’s group. Any landlord that increases rent within 180 days of one of these events, may be assumed to be acting in retaliation (SDCL 43-32-27).

According to the Federal Fair Housing Act, it is also illegal for a landlord to raise rent based on the age, race, religion, nation or origin, familial status, or disability status of a tenant.

Is there a rent increase limit?

There is no statute regarding a rent increase limit.

How Much Notice is Needed for Raising Rent?

There is no state statue regarding the amount of notice a landlord must provide when increasing rent; however, it is customary for a landlord to provide the same amount of notice when terminating a tenancy. Generally, landlords should provide at least a 30-Day Notice before increased rent may be expected. (SDCL 43-32-13)

For a FREE rent increase notice template, click here.

How Often Can Rent Be Increased?

South Dakota doesn’t regulate how often a landlord can increase rent.

Laws Regarding Late Fees

South Dakota doesn’t have statutes regarding late fees. If a landlord wants to charge a late fee, it should written in the lease agreement.

Laws Regarding Bounced Check Fees

A South Dakota landlord may charge up to $40 for payment returned for insufficient funds. (S.D. Codified Laws Ann. § 57A-3-421)

Cities in the State With Rent Control

South Dakota has no legislation controlling rent. However, the state does have legislation preempting rent control.