Under South Dakota law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under SD Codified Laws 43-32, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights exist regardless of what the rental agreement says.
Landlord Responsibilities in South Dakota
In South Dakota, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to South Dakota’s habitability requirements:
| Item | Has To Provide? | Has To Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only Heating |
| Hot Water | Only If Provided | Only If Provided |
| Kitchen Appliances | No | No |
| Garbage Containers/Removal | No | No |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in South Dakota
Landlords must perform necessary repairs in a timely manner. In South Dakota, landlords must make repairs within a “reasonable time” after getting written notice from tenants.
If repairs aren’t made in a timely manner, South Dakota tenants can cancel the rental agreement, or make repairs and deduct from the rent.
Tenant Responsibilities in South Dakota
In addition to paying rent on time, South Dakota tenants must:
- Keep the unit safe and habitable for living
- Make minor repairs and maintenance
- Keep the unit clean and sanctuary
- Keep all electrical, plumbing or heating systems in a good and safe working order
- Not disturb other tenants or neighbors
Evictions in South Dakota
Landlords may terminate a lease agreement for any of the following reasons:
- Nonpayment of Rent: Unlike most states, South Dakota lets a landlord file eviction immediately, without notice, when any portion of the rent remains unpaid three days after normally due.
- Lease Violation: In the case of a lease violation, landlords may proceed directly with filing an eviction suit with the court. No notice is required.
- No Lease/End of Lease: If a tenant remains on the property after the lease term has ended, landlords may issue a notice to quit. The amount of time required in the notice depends on the length of the tenancy. For week-to-week tenancies, a landlord must provide a 7-Day Notice To Quit, which for other cases of tenancy at will is a 15-Day Notice To Quit.
- Sale of Rental Unit: If the rental property is being sold and the tenancy will not continue with the new owners, the landlord may evict the tenant immediately without notice if the tenant has not moved out by the specified date of termination.
- Falsely Claiming to Need a Service Animal: If a tenant falsely claims that they need a service animal, they may be evicted. It is unclear how much prior notice, if any, is required before landlords can begin the eviction process.
Landlords can also not evict tenants as a form of retaliation or for discriminatory reasons.
Landlord Retaliation 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 a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in South Dakota
Collections and Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: Typically 1 month’s rent, but the landlord can exceed the limit if special conditions pose a risk to the property (e.g., pets)
- Inventory Requirement: Landlords are not required to document the condition of the rental unit at the start of the lease term in order to collect security deposits
- Interest Requirement: None
Returns and Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, utilities, late fees, damage excluding normal wear and tear, and other charges outlined in the lease agreement
- Time Limit for Return: 14 days
- Max. Penalty for Late Return: Tenants can sue for the full security deposit plus damages up to $200 and court costs
Lease Termination in South Dakota
Notice Requirements: Tenants on a lease with a fixed end date do not need to give notice before breaking the lease. Tenants that have a periodic lease must give the following notice if they wish to break a lease:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | Agree in advance |
Early Termination: South Dakota tenants are allowed to legally break a lease early for the following reasons:
- Early termination clause
- Active military duty
- Uninhabitable unit
- Landlord harassment
Cost of Breaking a Lease in South Dakota
If a South Dakota tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are not legally required to make a reasonable effort to re-rent the unit.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in South Dakota
South Dakota does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because South Dakota does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
Landlords must give at least 30 days’ notice before increasing the rent.
Housing Discrimination in South Dakota
Protected Groups: The Federal Fair Housing Act prohibits discrimination based on race, color, national origin, sex, familial status, religion, or disability. These standards do not apply to homes operated by religious organizations or some owner-occupied homes.
Discriminatory Acts and Penalties: The state government does not have a department that handles discrimination in housing. The Attorney General of the state is tasked with enforcing these standards. Tenants can file a complaint with the federal Department of Housing and Urban Development. Penalties and activities considered discriminatory are made on a case-by-case legal basis.
Additional Landlord Tenant Regulations in South Dakota
In addition to having laws that address general issues like repairs and security deposits, most states, including South Dakota, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right To Entry in South Dakota
South Dakota landlords have the right to enter rental property for reasonable purposes related to the tenancy, such as repairs and code compliance inspections. Outside of emergency situations, landlords must give tenants at least 24 hours of advance notice before entering, and enter only at a reasonable time of day.
Rent Collection and Related Fees in South Dakota
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee
- Maximum Late Fee: No limit, but it must be mentioned in the lease agreement to be charged
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent
- Rent Receipt: Not required
Small Claims Court in South Dakota
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $12,000. The process takes approximately one to two months.
Mandatory Disclosures in South Dakota
South Dakota landlords are required to give two disclosures:
- Lead-Based Paint: Landlords must provide information about lead concentration in the paint if they own a house built before 1978
- Methamphetamine: Landlords must also disclose whether the property has ever been used to manufacture methamphetamine
Changing the Locks in South Dakota
South Dakota law does not regulate a tenant changing locks, so it’s allowed unless the terms of the rental agreement say otherwise. Landlords can’t unilaterally change locks on their tenants, as this is considered a form of illegal “self help” eviction.
South Dakota Landlord-Tenant Resources
Many cities in South Dakota have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and see the resources below for more general information.
Landlord Frequently Asked Questions Housing Choice Voucher Program
Sources
- 1 S.D. Cod. L. §21-16-1(4) - (7)
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(4) If a lessee in person or by subtenants holds over after the termination of his lease or expiration of his term, or fails to pay his rent for three days after the same shall be due;
(5) If a party continues in possession after a sale of the real property or occupied structure under mortgage, execution, order, or any judicial process, after the expiration of the time fixed by law for redemption, and after the execution and delivery of a deed or instrument of ownership;
(6) If a party continues in possession after a judgment in partition, or after a sale under an order or decree of a circuit court;
(7) If a lessee commits waste upon the leased premises, or does or fails to perform any act which, under the terms of the lease operates to terminate the same.
Source Link - 2 S.D. Cod. L. § 21-16-7
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Time for appearance by defendant.
The time for appearance and pleading shall be five days from the time of service on the defendant or thirty days after the publication of service under § 21-16-6.1, whichever occurs sooner. No adjournment or continuance shall be made for more than fourteen days, unless the defendant applying therefor shall give an undertaking to the plaintiff with good and sufficient surety to be approved by the court, conditioned for the payment of the rent that may accrue, together with costs if judgment be rendered against the defendant.
Source Link - 3 S.D. Cod. L. § 43-8-8
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A tenancy or other estate at will for a residential property, however created, may be terminated by the landlord giving notice to the tenant in the manner prescribed by § 43-8-9 to remove from the premises within a period, specified in the notice, of not less than fifteen days.
Source Link
