In general, a landlord in South Dakota has to repair any issues at a rental property that could substantially affect a tenant’s health or safety. The landlord must repair issues within a “reasonable time” (decided case by case) of getting notice from the tenant about the needed repairs.
South Dakota Landlord Responsibilities for Repairs
South Dakota landlords are responsible for keeping all of the following in habitable condition:
- Plumbing.
- Required utilities.
- Heating.
- Required smoke alarms and carbon monoxide (CO) detectors.
- Common areas.
- Features that affect health, safety, or habitability.
If any of the above stops working properly, and the tenant isn’t at fault for the damage, the landlord is the one responsible for making the repairs necessary to fix it.
What Repairs Are Tenants Responsible for in South Dakota?
South Dakota tenants are responsible for repairing any damage they cause to the property through their deliberate or negligent actions.
The landlord and tenant can also agree for the tenant to handle specific maintenance. The landlord has to credit the rent against the reasonable cost of any such services the tenant provides.
Requesting Repairs in South Dakota
South Dakota tenants must request repairs by providing the landlord notice about the issue that needs repair. Courts prefer written notice since this clarifies the timing and details of the repair request, but South Dakota doesn’t require written notice for a valid repair request.
How Long Does a Landlord Have To Make Repairs in South Dakota?
South Dakota landlords have a “reasonable time” to make repairs after getting proper notice about an issue from the tenant. If the landlord and tenant agree on a specific time frame for repairs, courts will usually consider that a binding agreement on what’s reasonable under the circumstances.
Can the Landlord Refuse To Make Repairs in South Dakota?
South Dakota landlords cannot refuse to make repairs that are their responsibility. If they refuse to make repairs within a reasonable time after notice, the tenant can withhold rent or move out and cancel the lease.
Do Landlords Have To Pay for Alternative Accommodation During Repairs in South Dakota?
South Dakota landlords are not required to pay for alternative accommodation while they conduct repairs.
Tenant’s Rights if Repairs Aren’t Made in South Dakota
South Dakota tenants can cancel the lease if the landlord doesn’t make required repairs within a reasonable time after notice. They can also withhold rent or sue the landlord for repair costs. When the landlord deliberately withholds essential services, they can also sue for a penalty of two month’s rent.
Can the Tenant Withhold Rent in South Dakota?
South Dakota tenants can withhold rent if the landlord doesn’t make required repairs within a reasonable time after notice. If the amount is more than one month’s rent, the tenant has to give the landlord written notice, and keep the withheld amount in a special account for that purpose.
Can the Tenant Repair and Deduct in South Dakota?
South Dakota tenants can arrange for repairs and deduct from the rent. The tenant must pay out of pocket and deduct costs afterward. If the withheld amount is more than one month’s rent, the tenant must give the landlord written notice and keep the money in a separate account.
Can the Tenant Break Their Lease in South Dakota?
South Dakota tenants can break their lease if the landlord doesn’t make required repairs within a reasonable time after notice. The tenant must move out, after which he is released from rental and other lease obligations.
Can the Tenant Sue in South Dakota?
South Dakota tenants can sue to recover repair costs, when the landlord doesn’t make timely repairs after proper notice. Tenants can also sue for a penalty of two months’ rent, if the landlord deliberately acts in a way that reduces essential utilities like gas or electricity.
Can the Tenant Report the Landlord in South Dakota?
South Dakota tenants can report landlords for code violations that affect health or safety. Tenants should usually report to the local inspections or code enforcement department. If an inspecting officer finds a violation, the tenant could cancel the rental agreement, or sue for repair costs.
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 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.
Sources
- 1 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 - 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. 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 - 4 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 - 5 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 - 6 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 - 7 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.”
Source Link - 8 S.D. Laws § 43-32-27(1) - (3) (2023)
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“A cause of action may arise in favor of a lessee and against a lessor… for retaliation… if the lessor increases rents above fair market value; if the lessor decreases electric, gas, water, or sewer services; or if the lessor gives the lessee notice to vacate the premises when such notice is not based upon a breach of the terms of the lease; subsequent to any of the following special events: (1) The lessor has received written notice from the lessee or a governmental agency that the lessee has complained to a governmental agency charged with responsibility for enforcement of a building or housing code violation applicable to the premises and materially affecting health and safety, and the complaint is determined to be reported in good faith; or (2) The lessee has given written notice to the lessor of a condition requiring repair pursuant to § 43-32-9; or (3) The lessee has organized or become a member of a tenant’s union or organization.”
Source Link - 9 S.D. Laws § 43-32-27 (2023)
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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. The failure of the lessor to renew any written lease prior to or upon its expiration, is not retaliation.”
Source Link
