| Rent Increase Facts | Answer |
| Reason Needed? | No |
| Maximum Amount | None |
| Required Notice | 30 Days |
Does South Dakota Have Rent Control Laws?
South Dakota does not have rent control laws limiting the amount that landlords ask for rent. State law prohibits local governments from establishing their own rent control ordinances.
When Can a Landlord Raise Rent in South Dakota?
Landlords in South Dakota can raise the rent at any time, as long as they comply with the following:
- Wait until the end of the lease term (unless otherwise specified in the lease)
- Aren’t raising rent for discriminatory or retaliatory reasons
- Give reasonable notice
30 days before the end of a year-long lease, a landlord sends the tenant a notice that rent will increase by $75 a month if they choose to renew the lease.
When Can’t a Landlord Raise Rent in South Dakota?
Landlords in South Dakota may not raise the rent if:
- It is during the middle of a lease’s fixed term (unless stated otherwise in the lease agreement)
- The increase is applied in a way that discriminates against one of the protected classes specified in the Fair Housing Act
- The increase exceeds market value and is retaliation within 180 days of a protected tenant action, like requesting repairs
How Often Can Rent Be Increased in South Dakota?
Landlords in South Dakota can increase the rent as often as they choose as long as they provide sufficient notice each time.
How Much Notice is Needed to Raise Rent in South Dakota?
In South Dakota, landlords cannot raise the rent during a lease term and must give 30 days’ notice to increase the rent.
How Much Can a Landlord Raise Rent in South Dakota?
South Dakota landlords may raise the rent by any amount they wish. There is no legal limit or cap on the amount of a rent increase.
Sources
- 1 S.D. Codified Laws § 6-1-13
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No local governmental unit may enact, maintain, or enforce any ordinance, resolution, or other enactment that would have the effect of controlling the amount of rent charged for leasing private residential property. This section does not impair the right of any local governmental unit to manage and control residential property in which the local governmental unit has a property interest.
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- 2 S.D. Codified Laws § 43-32-27
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A cause of action may arise in favor of a lessee and against a lessor of residential property, including a manufactured or mobile home community owner, for retaliation by the lessor against the lessee if the lessor increases rents above fair market value; if the lessor decreases electric, gas, water, or sewer services; or if the lessor gives the lessee notice to vacate the premises when such notice is not based upon a breach of the terms of the lease; subsequent to any of the following special events:
(1) The lessor has received written notice from the lessee or a governmental agency that the lessee has complained to a governmental agency charged with responsibility for enforcement of a building or housing code violation applicable to the premises and materially affecting health and safety, and the complaint is determined to be reported in good faith; or
(2) The lessee has given written notice to the lessor of a condition requiring repair pursuant to § 43-32-9; or
(3) The lessee has organized or become a member of a tenant’s union or organization.
It shall be a defense to this cause of action that the notice to vacate the premises was given by the lessor more than one hundred eighty days after the occurrence of a special event. The failure of the lessor to renew any written lease prior to or upon its expiration, is not retaliation.
Source Link - 3 S.D. Codified Laws § 43-32-13
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In all leases of lands or tenements or of any interest therein from month to month the landlord may, upon giving notice in writing at least thirty days before the expiration of the month, modify the terms of the lease to take effect at the expiration of the month. The notice, when served upon the tenant, shall of itself operate and be effectual to create and establish as a part of the lease the terms, rent, and conditions specified in the notice, if the tenant shall continue to hold the premises after the expiration of the month. The tenant may terminate his lease effective the first day of the next month by providing notice of termination to the landlord within fifteen days of receipt by the tenant of the notice of modification.
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