Rent Increases & Fees in South Dakota

Rent Increases & Fees in South Dakota

Last Updated: May 5, 2022 by Elizabeth Souza

In South Dakota, the regulation of rent is primarily governed by SD Codified L § 6-1-13. This state prohibits rent control. The law bans rent control throughout the state, allowing all landlords to set rent and increase it with proper notice.

Quick Facts
Rent Control None
Minimum Notice for Rent Increases No Statute
Max. Late Fee No Statute
Max. Bounced Check Fee $40

When Can a Landlord Increase Rent in South Dakota?

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 in South Dakota?

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 in South Dakota?

There is no statute regarding a rent increase limit.

How Much Notice Is Needed for Raising Rent in South Dakota?

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 in South Dakota?

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

Laws Regarding Late Fees in South Dakota

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

Laws Regarding Bounced Check Fees in South Dakota

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

South Dakota Cities With Rent Control

South Dakota does have legislation prohibiting rent control on private residential properties. (SD Codified L § 6-1-13).