| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in South Dakota?
South Dakota landlords have the right to enter a rental property in emergencies, and for reasonable purposes related to the rental (such as making legally required repairs).
Can a Landlord Enter Without Permission in South Dakota?
South Dakota landlords can legally enter a rental property without the tenant’s permission in emergencies. The tenant can refuse other entry requests if they’re not related to the tenancy, or unreasonably disturb the quiet enjoyment of the rental property.
Can a Landlord Enter Without the Tenant Present in South Dakota?
South Dakota landlords can legally enter rental property without the tenant present.
Can a Landlord Show a House While Occupied in South Dakota?
South Dakota landlords can show a house if they’ve reserved this privilege in the lease. If it’s not, the law is not specific as to whether a landlord can show an occupied house over the tenant’s objections.
Since the tenant has a clear legal right to quiet enjoyment of rental property, this means a tenant can probably refuse showings in most cases unless the lease says otherwise.
How Often Can Landlords Conduct Routine Inspections in South Dakota?
South Dakota landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in South Dakota?
South Dakota landlords have to provide 24 hours of advance notice before entering rental property, except in emergencies.
Can a Landlord Enter Without Notice in South Dakota?
South Dakota landlords can’t enter without proper advance notice, except in emergencies.
How Can Landlords Notify Tenants of an Intention To Enter in South Dakota?
South Dakota landlords can notify tenants verbally or in writing about an intention to enter.
Can a Tenant Refuse Entry to a Landlord in South Dakota?
South Dakota tenants can often refuse landlord entry. Landlords can enter in emergencies regardless of consent. In other cases, the tenant has to give permission. However, if the tenant unreasonably refuses entry, the landlord may be able to bill the tenant for extra costs.
What Happens If the Tenant Illegally Refuses Entry to the Landlord in South Dakota?
South Dakota landlords can take any of the following actions if the tenant illegally refuses a valid entry:
- Get a court order to force access.
- Cancel the rental agreement.
- Recover cost of any actual damages through a lawsuit.
Can a Tenant Change the Locks Without Permission in South Dakota?
South Dakota tenants can change locks without permission if the lease doesn’t say otherwise. Note that a landlord who’s unable to enter for a lawful purpose can bill the tenant for extra costs, so it’s reasonable for tenants to provide copies of current keys.
What Can a Tenant Do If the Landlord Enters Illegally in South Dakota?
South Dakota tenants can take any of the following actions if the landlord enters illegally, or demands entry repeatedly and unreasonably in a way that harasses the tenant:
- Get a court order to ban the landlord from further unreasonable or harassing entries.
- Recover cost of any actual damages through a lawsuit.
Sources
- 1 South Dakota Attorney General Office of Consumer Protection, “Landload [sic] and Tentant [sic]” (retrieved 03/22/2023)
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South Dakota doesn’t have a statute specifically describing a landlord’s access rights. The only thing the landlord has to do is guarantee the tenant’s basic quiet enjoyment of the property; see S.D. Laws § 43-32-6 (“A lessor shall deliver the leased premises to the lessee and secure his quiet enjoyment thereof against all lawful claimants”). However, the Office of Consumer Protection provides guidance for how the government interprets this basic requirement:
“The landlord has the right to make a reasonable inspection, but only with a prior 24-hour notice to the tenant and at a reasonable time. Only in the event of an emergency may a landlord lawfully enter your apartment without notice to you. …[However,] If your time schedule forces your landlord to pay more for repairs… that cost could be passed on to the tenant… If a tenant continues to refuse reasonable entry to a landlord, the landlord can get a court order allowing entry or evicting the tenant and recovering actual money losses.”
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