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.
|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.
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).