At a Glance
| Question | Answer | Details |
|---|---|---|
| Security deposit limit? | 1 month's rent | Higher allowed if landlord can justify "special conditions" |
| Rent control? | No | No statewide or local rent control |
| Required notice to raise rent? | 30 days | For month-to-month tenancies |
| Lease required in writing? | Yes, for leases > 12 months | Shorter leases can be oral |
| Landlord entry notice? | 24 hours | Reasonable notice required |
Security Deposits
South Dakota limits security deposits to 1 month's rent, unless the landlord can demonstrate "special conditions" that justify a higher amount (such as pets or a history of property damage).
Landlords must return the deposit within 14 days (2 weeks) of the tenant vacating the unit, along with an itemized statement of any deductions. However, if the tenant fails to give proper notice before moving out, the landlord has up to 45 days to return the deposit.
cite: S.D. Codified Laws § 43-32-6.1
Eviction Procedures
South Dakota requires landlords to follow specific legal procedures to evict a tenant. Self-help evictions (changing locks, shutting off utilities, removing belongings) are illegal.
Notice Requirements
- 3-Day Notice: For nonpayment of rent (tenant must pay or vacate within 3 days)
- 3-Day Notice: For lease violations under forcible entry and detainer statutes
- 30-Day Notice: For no-cause termination of a month-to-month tenancy
If the tenant does not comply with the notice, the landlord must file an action in circuit court for a formal eviction order. The process is governed by the forcible entry and detainer statutes. The tenant will receive a summons and an opportunity to appear in court.
cite: S.D. Codified Laws § 21-16-1–21-16-2
Rent Control
South Dakota does not have any rent control laws at the state or local level. Landlords may set and raise rents as they see fit, provided they comply with the terms of the lease and give proper notice for any increases.
There are no municipalities in South Dakota that have enacted local rent control ordinances. However, tenants are protected from rent increases that are retaliatory in nature.
cite: S.D. Codified Laws § 43-32-1
Lease Agreements
South Dakota does not require a written lease for tenancies of 12 months or less. However, any lease for longer than 12 months must be in writing to be enforceable under the Statute of Frauds.
Required Disclosures
South Dakota landlords must provide the following disclosures:
- Lead-based paint (pre-1978 properties)
- Landlord identity: Name and address of the property owner and any authorized agent
- Meth contamination: Whether the property was previously used as a methamphetamine laboratory (required by state law)
- Sex offender registry: Information about how to access the state sex offender registry
cite: S.D. Codified Laws § 43-32-1–43-32-30
Tenant Rights
South Dakota provides the following protections for tenants:
- Habitability: Landlords must maintain rental units in habitable condition, including working plumbing, heating, electricity, and structural integrity
- Retaliation protection: Landlords cannot retaliate against tenants who exercise their legal rights (e.g., reporting code violations, requesting repairs)
- Discrimination protection: South Dakota fair housing laws prohibit discrimination based on race, religion, sex, disability, familial status, national origin, and other protected categories
- Right to privacy: Landlords must provide 24 hours' notice before entering a tenant's unit, except in emergencies
- Essential services: Landlords may not deliberately interrupt essential services such as water, electricity, or heat
- Right to remedies: Tenants may pursue remedies including termination of the lease if the landlord fails to maintain the property in habitable condition after proper notice