Most places, including South Dakota, make a landlord responsible for the “habitability” of rental property. This means rental properties must be kept in proper condition to use for their intended purpose. Habitability is an important right for renters, but can be complicated because of details and differences in habitability requirements.
South Dakota Implied Warranty of Habitability
In South Dakota, the implied warranty of habitability means that a landlord must provide and maintain safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in South Dakota
Note: Check local city/county laws and ordinances for additional requirements.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Only Heating | Only Heating |
| Hot Water | Only If Provided | Only If Provided |
| Kitchen Appliances | No | No |
| Washer & Dryer | No | No |
| Smoke/CO Detectors | Yes | Yes |
| Window Coverings | No | No |
| Light Fixtures | No | No |
| Landscaping | No | No |
| Garbage Removal | No | No |
| Garbage Pickup | No | No |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Not Usually |
| Clogs | N/A | Not Usually |
Landlord Responsibilities for Heating & Air Conditioning in South Dakota
South Dakota landlords must provide heating for rental properties. They don’t have to provide air conditioning.
Are Landlords Required to Provide Air Filter Replacements in South Dakota?
South Dakota landlords don’t have to replace things like air filters, unless required heating equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in South Dakota
South Dakota landlords must keep plumbing in reasonable working condition, although the renter is usually equally responsible for using the plumbing in a reasonable and sanitary way that doesn’t cause damage.
Are Landlords Required To Provide Hot Water in South Dakota?
South Dakota landlords are not required to provide heated water for rental properties. However, if a water heater is part of the existing plumbing systems on the property, the landlord has to maintain it in good and safe working order.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in South Dakota?
South Dakota landlords must fix clogs that keep the plumbing from being in reasonable working condition.
Are Landlords in South Dakota Responsible for Fixing Leaks?
South Dakota landlords must fix leaks that keep the plumbing from being in reasonable working condition.
Landlord Responsibilities for Kitchen Appliances in South Dakota
South Dakota landlords don’t have to provide or maintain kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator.
Landlord Responsibilities for Electrical Issues in South Dakota
South Dakota landlords are responsible for making sure there are no electrical issues that endanger basic safety or habitability on the rental property.
Are Landlords Responsible for Replacing Light Bulbs in South Dakota?
South Dakota landlords are not responsible for replacing light bulbs or particular light fixtures.
Landlord Responsibilities for Garbage Removal in South Dakota
South Dakota landlords have no responsibility to provide garbage containers or removal services, except as required by the lease or local codes.
Landlord Responsibilities for Landscaping in South Dakota
South Dakota landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in South Dakota
South Dakota landlords are responsible for most mold issues. There’s no state testing requirement testing, but landlords must investigate and fix mold problems since they threaten health and safety. If the renter negligently or deliberately caused the mold issue, the landlord can make the renter fix it, or pay for repairs.
Landlord Responsibilities Regarding Pests in South Dakota
South Dakota landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants.
Landlord Responsibilities for Windows & Window Coverings in South Dakota
South Dakota landlords are not responsible for providing windows or coverings of particular type or condition. The landlord does have to repair broken windows that the tenant didn’t cause, since this is a health and safety issue.
Landlord Responsibilities Regarding Safety Devices in South Dakota
South Dakota landlords are responsible for providing and maintaining required smoke alarms and carbon monoxide (CO) detectors.
Are Landlords Responsible for Replacing Batteries of Safety Devices in South Dakota?
South Dakota landlords are responsible for maintaining required fire safety devices, which may include replacing batteries as necessary.
Landlord Responsibilities for Washers and Dryers in South Dakota
South Dakota landlords are not required to furnish their rental properties with a working washer and dryer.
Renter’s Rights for Repairs in South Dakota
South Dakota renters have the right to repairs for issues that affect health and safety, unless they caused the issue themselves. To exercise their right, the renter must start by notifying the landlord of the issue in writing. The landlord gets a “reasonable time” after notice to fix the issue.
If the issue isn’t fixed within a reasonable time, the renter can end the rental agreement, or withhold rent to repair and deduct by following the correct process. If the landlord willfully diminishes essential services like gas or electricity, the renter can also sue for an injunction or monetary damages.
Sources
- 1 S.D. Laws § 43-32-8 (2023)
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“…The parties to a lease or hiring of residential premises may not waive or modify the requirements imposed by this section; however, the lessor may agree with the lessee that the lessee shall perform specified repairs or maintenance in lieu of rent. The provisions of this section shall be in addition to any covenants or conditions imposed by law or ordinance or by the terms of the lease. Nothing in this section shall be construed to alter the liability of the lessor or lessee of residential premises for injury to third parties.”
Source Link - 2 S.D. Laws § 43-32-8 (2023)
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“In every hiring of residential premises, whether in writing or parol, the lessor shall keep the premises and all common areas in reasonable repair and fit for human habitation and in good and safe working order during the term of the lease except when the disrepair has been caused by the negligent, willful or malicious conduct of the lessee or a person under his direction or control. The lessor shall maintain in good and safe working order and condition all electrical, plumbing, or heating systems of the premises, except when the disrepair has been caused by the negligent, willful or malicious conduct of the lessee or a person under his direction or control…”
Source Link - 3 S.D. Laws § 43-32-10 (2023)
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“In every hiring of residential premises, whether in writing or parol, the lessee shall preserve the premises, appliances, appurtenances, and other leased personality in good condition, and repair all deteriorations or damage thereto occasioned by his negligent, willful or malicious conduct or such conduct of persons acting under his direction or control.”
Source Link - 4 S.D. Admin. Rules 46:04:01:20 (2023)
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“A home shall have a minimum of one operable automatic smoke detector and carbon monoxide detector provided on each floor, including the basement and attic. Smoke detectors and carbon monoxide detectors shall be located in common areas or hallways.”
Source Link - 5 2015 Int’l Fire Code § 907.8.5 (2015)
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“The building owner shall be responsible to maintain the fire and life safety systems in an operable condition at all times.” 2015 Int’l Fire Code § 907.8.5 (2015). See generally S.D. Admin. Rules 61:15:01:01 (2023) (“The standards of fire safety set forth in the International Building Code, 2015 edition; International Fire Code, 2015 edition; and the International Mechanical Code, 2015 edition; and referenced standards, except as modified, amended, or deleted in this chapter, are the rules of the South Dakota Department of Public Safety authorized by SDCL 34-29B-2.”)
Source Link - 6 S.D. Laws § 43-42-9 (2023)
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“If within a reasonable time after notice to the lessor of conditions requiring repair to make the premises fit for human habitation and to place the same in good and safe working order which the lessor ought to repair he neglects to do so, the lessee may repair the same himself and deduct the expense of such repairs from the rent, or otherwise recover it from the lessor; or the lessee may vacate the premises, in which case he shall be discharged from additional charges of rent or performance of other conditions.”
Source Link - 7 S.D. Laws § 43-32-6 (2023)
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“A lessor shall deliver the leased premises to the lessee and secure his quiet enjoyment thereof against all lawful claimants. If the lessor of residential property unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water, or other essential service to the tenant, the tenant may sue for injunctive relief, recover possession by suit, or terminate the rental agreement and, in any case, recover from the lessor damages in an amount equal to two months rent and the return of any advance rent and deposit paid to the lessor by the lessee.”
Source Link - 8 S.D. Laws § 43-42-9 (2023)
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“If the cost of necessary repairs exceeds one month’s rent, after written notice stating the specific reason for the withholding, the lessee may withhold payment of rent and immediately deposit it in a separate bank or savings and loan account, written evidence of such action to be provided to the lessor upon deposit, maintained only for the purpose of making repairs until such time as the lessor makes the repairs, at which time the lessee shall release the deposit to the lessor or until sufficient money is accumulated in the account for the lessee to cause the repairs to be made and paid for.”
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