In South Dakota, a landlord’s obligation for providing a habitable living space is primarily governed by SD Codified Laws § 43-32-6. This legal requirement, commonly known as the “implied warranty of habitability”, also outlines the rights of tenants when repairs are not made in a timely manner.
| Quick Facts | Answer |
| Landlord Responsibilities | Hot/Cold Water, Electrical, Gas, Sewer Services |
| Time Limit for Repairs | “Reasonable” Deadline |
| Tenant Recourse Options |
|
Applicable Dwelling Types in South Dakota
The implied warranty of habitability in South Dakota does not apply to all types of dwellings. See the table below for which are and aren’t included.
| Dwelling Type | Landlord/Tenant Laws Apply? |
| Single family | Yes |
| Multi-family | Yes |
| Fraternities/Sororities/Clubs | Not specifically addressed |
| RV parks | Not specifically addressed |
| Mobile home parks | Only if person in mobile home is renter, not owner |
| Condos | Not specifically addressed |
| Hotels/Motels | Not specifically addressed |
Landlord Responsibilities in South Dakota
The following chart lists possible landlord responsibilities when it comes to habitability. Not all of them are requirements in South Dakota, as indicated below.
Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.
| Habitability Issue | Landlord Responsibility? |
| Provide windows and doors that are in good repair. | Not addressed |
| Ensure the roof, walls, etc., are completely waterproofed and there are no leaks. | Not addressed |
| Provide hot and cold running water. | Yes |
| Provide working HVAC equipment. | Heat only |
| Provide working plumbing and electrical wiring/outlets/ lighting. | Yes |
| Provide working gas lines if used for utilities/cooking | Yes |
| Provide working sanitation facilities (bathtub/shower, toilet). | Pertaining to Sewer Services |
| Provide a trash can (for trash pickup services). | Not addressed |
| Ensure that any stairs and railings are safe. | Not addressed |
| Ensure that all floors are in good condition and safe. | Not addressed |
| Provide fire exits that are usable, safe, and clean. | Not addressed |
| Ensure storage areas, including garages and basements, do not house combustible materials. | Not addressed |
| Provide working smoke detectors | Not addressed |
| Provide a mailbox. | Not addressed |
| Provide working wiring for one telephone jack. | Not addressed |
| Provide working kitchen appliances. | Not addressed |
| Provide working carbon monoxide detector. | Not addressed |
| Provide a working washer/dryer. | Not addressed |
Landlords must keep the dwelling unit and all common areas in a good and safe condition. In some instances, tenants and landlords may agree, in writing, that the tenant can make certain repairs and do various maintenance tasks.
Meth Production
Landlords are required to notify potential tenants if a rental unit was used in the production of methamphetamines.
Repairs, Recourse & Retaliation in South Dakota
If a rental property is in violation of the implied warranty of habitability in South Dakota, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.
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.
Renter’s Rights if Repairs Aren’t Made in South Dakota
South Dakota renters have the right to repairs for a variety of potential issues, including things that impact health and safety. To exercise their right, renters have to give the landlord notice about the issue that needs fixing and wait a “reasonable time” (determined case by case) for the landlord to do repairs.
If the issue isn’t fixed by the landlord in a timely way, the renter could end the rental agreement or contract for repairs personally and either deduct the cost from rent or sue the landlord for the related costs. Read More
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.
