South Dakota Landlord Retaliation Laws

South Dakota Landlord Retaliation Laws

Last Updated: July 6, 2023

Tenant Protected Actions
  • Verified Good-Faith Complaints to Gov’t About Serious Code Violations
  • Complaints to Landlord About Required Repairs
  • Participation in a Tenant Organization
Landlord Retaliatory Actions
  • Raising Rent Above Fair Market Value
  • Decreasing Electric, Gas, Water, or Sewer Services
  • Giving Notice to Vacate Outside the Lease Terms
Penalties for Retaliation
  • End Lease
  • Repossess Property
  • Sue for Damages

When Is It Illegal for Landlords to Retaliate in South Dakota?

It’s illegal for South Dakota landlords to retaliate by raising rent above fair market value, reducing electric, gas, water, or sewer services, or giving notice to vacate outside the terms of the lease, against tenants who have taken one of the following protected actions in the past 180 days:

  • Complaining in good faith to the government about substantial health and safety code violations, such that a government agency contacts the landlord.
  • Complaining to the landlord about repairs required by the landlord-tenant laws.
  • Participating in a tenant organization.

What Can Tenants Do in Response in South Dakota?

South Dakota tenants can respond to landlord retaliation by suing for quiet enjoyment of the property so the court issues injunctions against the landlord. The tenant might also end the rental agreement. In either case, the tenant can recover reasonable attorney fees, plus a monetary award of two months’ rent.