| Rent Increase Facts | Answer |
| Reason Needed? | No |
| Maximum Amount | None |
| Required Notice | 30 Days |
Does South Dakota Have Rent Control Laws?
No, South Dakota does not have rent control laws limiting the amount that landlords ask for rent. State law prohibits local governments from establishing rent control laws .
When Can a Landlord Raise Rent in South Dakota?
Landlords in South Dakota can raise the rent at any time, as long as they comply with the following:
- Wait until the end of the lease term (unless otherwise specified in the lease)
- Aren’t raising rent for discriminatory or retaliatory reasons
- Give reasonable notice
30 days before the end of a year-long lease, a landlord sends the tenant a notice that rent will increase by $75 a month if they choose to renew the lease.
When Can’t a Landlord Raise Rent in South Dakota?
Landlords in South Dakota may not raise the rent if:
- It is during the middle of a lease’s fixed term (unless stated otherwise in the lease agreement).
- The increase is applied in a way that discriminates against one of the protected classes specified in the Fair Housing Act.
- It is done in response to a protected tenant action, such as requesting repairs. This is known as “retaliation.” A rent increase is considered retaliatory if it exceeds fair market value and occurs within 180 days .
How Often Can Rent Be Increased in South Dakota?
Landlords in South Dakota can increase the rent as often as they choose as long as they provide sufficient notice each time.
How Much Notice is Needed to Raise Rent in South Dakota?
In South Dakota, landlords cannot raise the rent during a lease term and must give 30 days’ notice to increase the rent .
How Much Can a Landlord Raise Rent in South Dakota?
In South Dakota, landlords can raise the rent by any amount they wish. There is no legal limit or cap on the amount of a rent increase.
Sources
- 1 SD Codified L § 6-1-13
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No local governmental unit may enact, maintain, or enforce any ordinance, resolution, or other enactment that would have the effect of controlling the amount of rent charged for leasing private residential property.
Source Link - 2 SD Codified L § 43-32-27
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It shall be a defense to this cause of action that the notice to vacate the premises was given by the lessor more than one hundred eighty days after the occurrence of a special event.
Source Link - 3 SD Codified L § 43-32-13
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…the landlord may, upon giving notice in writing at least thirty days before the expiration of the month, modify the terms of the lease to take effect at the expiration of the month.
Source Link
