South Dakota
Rent Increases & Fees

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 $30 for bounced checks.

When Can a Landlord Increase Rent?

A landlord may not increase the amount of a tenant’s rent during the term of a lease, unless it is so agreed in the lease itself. However, when dealing with a month-to-month tenant, a landlord may increase rent at any time so long as the appropriate notice is given (SDCL 43-32-13).

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 regards 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).

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 Fair Housing Act.

Is there a rent increase limit?

There is no limit in the amount that rent may be raised.

How Much Notice is Needed for Raising Rent?

When increasing rent on a month-to-month tenant, a landlord must provide a 30-Day Notice before increased rent may be expected (SDCL 43-32-13).

How Often Can Rent Be Increased?

South Dakota doesn’t legislate the frequency with which rent may be increased.

Laws Regarding Late Fees

South Dakota doesn’t legislate late fees.

Laws Regarding Bounced Check fees

A South Dakota landlord may charge up to $30 for payment returned for insufficient funds.

Cities in the State With Rent Control

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