South Dakota landlord-tenant law FAQ
40 answers to common South Dakota landlord questions. Every answer is a verified fact with its official source and last-checked date.
How much can a landlord charge for a security deposit in South Dakota?
No more than one month's rent unless a larger deposit is agreed because special conditions pose a danger to maintaining the premises.
Verified Source: SDCL § 43-32-6.1 · last checked 2026-10-15 · Full security deposit limit page
How long does a landlord have to return a security deposit in South Dakota?
Within 21 days after the tenancy ends and the landlord receives the tenant's mailing address: return the deposit or give written reasons for withholding. An itemized accounting is due within 45 days on request.
Verified Source: SDCL § 43-32-24 · last checked 2026-10-15 · Full deposit return deadline page
How much notice does a landlord have to give before entering a rental in South Dakota?
Reasonable notice except in emergencies; 24 hours' written notice is presumed reasonable. The notice must give the date(s), a time window during normal business hours, the purpose, and a way to reschedule.
Verified Source: SDCL § 43-32-32 · last checked 2026-10-15 · Full notice to enter page
How much notice does a landlord need to give to raise the rent in South Dakota?
Month-to-month: written notice at least 30 days before the end of the month; the tenant may then end the lease effective the first of the next month by giving notice within 15 days.
Verified Source: SDCL § 43-32-13 · last checked 2026-10-15 · Full rent increase notice page
Can a landlord charge a late fee in South Dakota, and how much?
South Dakota's landlord-tenant law (SDCL ch. 43-32, read in full on 2026-10-15) sets no late-fee cap; the lease terms control.
Verified Source: SDCL ch. 43-32 · last checked 2026-10-15 · Full late fees page
What notice does a landlord have to give before evicting for unpaid rent in South Dakota?
No statutory notice to quit since 2024 (SL 2024, ch. 75 repealed § 21-16-2). An eviction can be filed once rent is 3 days past due; the tenant has 5 days after service to appear.
Verified Source: SDCL §§ 21-16-1(4), 21-16-7; SL 2024, ch. 75 · last checked 2026-10-15 · Full eviction notice (nonpayment) page
How much notice is needed to end a month-to-month tenancy in South Dakota?
A tenancy with no stated term renews automatically unless either party gives notice at least as long as the rental period, up to one month. For month-to-month tenancies, that means one month's notice.
Verified Source: SDCL § 43-32-15 · last checked 2026-10-15 · Full ending a month-to-month tenancy page
Does a landlord have to pay interest on a security deposit in South Dakota?
SDCL ch. 43-32 (read in full on 2026-10-15) does not require interest on security deposits or a separate account.
Verified Source: SDCL ch. 43-32 · last checked 2026-10-15 · Full interest on deposits page
Is a move-in or move-out inspection checklist required in South Dakota?
SDCL ch. 43-32 (read in full on 2026-10-15) requires no move-in or move-out inspection or checklist.
Verified Source: SDCL ch. 43-32 · last checked 2026-10-15 · Full move-in/move-out checklist page
Is landlord retaliation illegal in South Dakota?
A tenant may sue if the landlord raises rent above market value, cuts electric, gas, water or sewer service, or gives a notice to vacate that is not based on a lease breach after any of these: a good-faith code complaint to a government agency, written repair notice under § 43-32-9, or organizing or joining a tenant organization.
Verified Source: SDCL §§ 43-32-27, 43-32-28 · last checked 2026-10-15 · Full retaliation protections page
Can a landlord change the locks or shut off utilities in South Dakota?
If a residential landlord unlawfully removes or excludes the tenant, or willfully cuts electric, gas, water or other essential services, the tenant may seek an injunction, recover possession, or end the lease. In any case the tenant recovers 2 months' rent in damages plus return of advance rent and deposit.
Verified Source: SDCL § 43-32-6 · last checked 2026-10-15 · Full lockouts and utility shutoffs page
What can a tenant do if the landlord won't make repairs in South Dakota?
If the landlord does not make habitability repairs within a reasonable time after notice, the tenant may repair and deduct the cost from rent, or vacate and stop owing rent. If repairs cost more than one month's rent, the tenant may give written notice and deposit withheld rent in a separate account until the repairs are made.
Verified Source: SDCL § 43-32-9 · last checked 2026-10-15 · Full repairs and habitability remedies page
What disclosures must a landlord give tenants in South Dakota?
A landlord who actually knows that methamphetamine was previously manufactured on the premises must disclose that to the tenant or prospective tenant.
Verified Source: SDCL § 43-32-30 · last checked 2026-10-15 · Full required lease disclosures page
What can a landlord do with property a tenant leaves behind in South Dakota?
Property worth $500 or less that is left for 10 days after the tenant moves out is presumed abandoned and may be disposed of. More valuable property must be stored, with a lien for storage costs, and may be treated as abandoned after 30 days.
Verified Source: SDCL §§ 43-32-25, 43-32-26 · last checked 2026-10-15 · Full abandoned property page
Can a tenant break a lease early for domestic violence or military service in South Dakota?
A victim of domestic abuse, unlawful sexual behavior or stalking may end the lease without an early-termination penalty. The tenant must give written notice citing fear of imminent danger, with a police report, protection order or provider statement from the past 30 days. The tenant also does not owe the following month's rent.
Verified Source: SDCL § 43-32-19.1 · last checked 2026-10-15 · Full early termination (dv/military) page
Is there a grace period before a late fee can be charged in South Dakota?
SDCL ch. 43-32 (read in full on 2026-10-15) sets no late-fee grace period or cap, so the lease controls.
Verified Source: SDCL ch. 43-32 · last checked 2026-10-15 · Full late fee grace period page
How does the eviction court process work in South Dakota?
The tenant has 5 days from service to appear and plead. Continuances are limited to 14 days unless the tenant posts an undertaking for accruing rent.
Verified Source: SDCL 21-16-7 · last checked 2026-10-15 · Full eviction court process & timeline page
What happens if a tenant stays after the lease ends in South Dakota?
If a tenant stays after the lease ends and the landlord accepts rent, the lease is presumed renewed on the same terms and for the same length of time, but not more than one year.
Verified Source: SDCL § 43-32-14 · last checked 2026-10-15 · Full holdover tenants page
Can a tenant fix something and deduct it from rent in South Dakota?
If the landlord doesn't make repairs needed for habitability within a reasonable time after notice, the tenant may make the repairs and deduct the cost from rent, or move out and owe no more rent.
Verified Source: SDCL § 43-32-9 · last checked 2026-10-15 · Full repair and deduct page
Can a tenant withhold rent for repairs in South Dakota?
If needed repairs cost more than one month's rent, the tenant may, after written notice stating the reason, withhold rent and immediately deposit it in a separate bank or savings and loan account used only for the repairs, giving the landlord written proof. The money goes to the landlord once repairs are made, or the tenant can use it to pay for them once enough accumulates.
Verified Source: SDCL § 43-32-9 · last checked 2026-10-15 · Full rent withholding / escrow page
What happens to the lease when a tenant dies in South Dakota?
A lease that either side can end at will is terminated by notice of a party's death. Other leases, such as fixed-term leases, are not ended by the tenant's death.
Verified Source: SDCL § 43-32-23 · last checked 2026-10-15 · Full death of a tenant page
Can a landlord refuse Section 8 or other source of income in South Dakota?
South Dakota's housing discrimination law bars refusing to rent or setting different terms because of race, color, creed, religion, sex, ancestry, disability, familial status or national origin. Source of income is not on the list.
Verified Source: SDCL § 20-13-20 · last checked 2026-10-15 · Full source of income discrimination page
What is the manufactured / mobile home parks rule in South Dakota?
If land leased to a mobile or manufactured home owner is being developed for another use, the landowner must give at least 90 days' notice to vacate and remove the home. This does not apply to notices based on a lease breach. Code text: "if the property is developed for an alternate use, give no less than ninety days notice to vacate and remove the home from the real property."
Verified Source: SDCL 43-32-31 · last checked 2026-10-16 · Full manufactured / mobile home parks page
What is the domestic violence early termination rule in South Dakota?
If a tenant or household member is a victim of domestic abuse, unlawful sexual behavior or stalking, the tenant may end the lease without an early-termination penalty by written notice citing fear of imminent danger, with supporting documentation. Code text: "the tenant may terminate the lease and vacate the rental unit without penalty for early termination on or before a specified date."
Verified Source: SDCL § 43-32-19.1 · last checked 2026-10-16 · Full domestic violence early termination page
What is the military lease termination (federal scra, all states) rule in South Dakota?
Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after."
Verified Source: 50 U.S.C. § 3955 (federal Servicemembers Civil Relief Act) · last checked 2026-10-16 · Full military lease termination (federal scra, all states) page
What is the pet deposits/fees & service/esa animals rule in South Dakota?
A landlord may ask for reliable documentation when a tenant requests a service or assistance animal for a disability, unless the disability or need is readily apparent or already known. Statute text: "A landlord may require reliable supporting documentation be provided by a tenant of a rental dwelling unit, if the tenant asserts a disability requiring under any provision of law that a service animal or assistance animal be allowed as an accommodation on the rented premises" (SDCL 43-32-34).
Verified Source: SDCL 43-32-34 · last checked 2026-10-16 · Full pet deposits/fees & service/esa animals page
What is the rental / transient occupancy tax rule in South Dakota?
South Dakota imposes a 1.5% tourism tax on gross receipts of lodging establishments and other visitor businesses, in addition to sales tax. Statute text: "There is hereby imposed a tax of one and one-half percent on the gross receipts from any lodging establishment, campground, motor vehicle rental, visitor attraction, recreational equipment rental, recreational service, spectator event, and visitor-intensive business" (SDCL 10-45D-2).
Verified Source: SDCL 10-45D-2 · last checked 2026-10-16 · Full rental / transient occupancy tax page
What is the tenant buyout disclosures rule in South Dakota?
The state landlord-tenant statute (SDCL ch. 43-32 (leases of real property), read in full on 2026-10-16) has no provision on tenant buyout agreements or buyout disclosures. Local ordinances or other state or federal laws may still apply.
Verified Source: SDCL ch. 43-32 (leases of real property) · last checked 2026-10-16 · Full tenant buyout disclosures page
How much can a landlord charge for a rental application fee in South Dakota?
The state landlord-tenant statute (SDCL ch. 43-32 (leases of real property), read in full on 2026-10-16) has no provision on rental application fees. Local ordinances or other state or federal laws may still apply.
Verified Source: SDCL ch. 43-32 (leases of real property) · last checked 2026-10-16 · Full application fees & screening page
What is the rent receipts, payment methods & cash rule in South Dakota?
The state landlord-tenant statute (SDCL ch. 43-32 (leases of real property), read in full on 2026-10-16) has no provision on how rent may be paid (cash, check or electronic payment). Local ordinances or other state or federal laws may still apply.
Verified Source: SDCL ch. 43-32 (leases of real property) · last checked 2026-10-16 · Full rent receipts, payment methods & cash page
Does a landlord have to give notice before not renewing a lease in South Dakota?
If a tenant stays after the lease ends and the landlord accepts rent, the lease is presumed renewed on the same terms for the same period, up to one year. Statute text: "If a lessee of real property remains in possession thereof after the expiration of the hiring and the lessor accepts rent from him, the parties are presumed to have renewed the hiring on the same terms and for the same time, not exceeding one year" (SDCL 43-32-14).
Verified Source: SDCL 43-32-14 · last checked 2026-10-16 · Full lease renewal / non-renewal notice page
What is the deposit bank holding / separate account rule in South Dakota?
The state landlord-tenant statute (SDCL ch. 43-32 (leases of real property), read in full on 2026-10-16) has no provision on a separate, escrow or interest-bearing account for security deposits. Local ordinances or other state or federal laws may still apply.
Verified Source: SDCL ch. 43-32 (leases of real property) · last checked 2026-10-16 · Full deposit bank holding / separate account page
What is the property manager licensing rule in South Dakota?
In South Dakota, renting, managing or leasing real property for another for compensation is broker activity (SDCL 36-21A-6), which requires an active license from the real estate commission. Owners and their regular employees managing the owner's own property are exempt (36-21A-29). Statute text: "No person, unless exempted under this chapter, may offer, attempt or agree to perform, or perform any act enumerated within this chapter without an active license issued by the commission" (SDCL 36-21A-6, 36-21A-28).
Verified Source: SDCL 36-21A-6, 36-21A-28 · last checked 2026-10-16 · Full property manager licensing page
Can a landlord deny a tenant for criminal or credit history in South Dakota?
South Dakota's landlord-tenant law (SDCL ch. 43-32, read in full on 2026-10-16) sets no rules on screening applicants' criminal or credit history; federal fair-housing and FCRA rules still apply.
Verified Source: SDCL ch. 43-32 · last checked 2026-10-16 · Full criminal & credit history rules page
Does South Dakota have rent control?
South Dakota's landlord-tenant law (SDCL ch. 43-32, read in full on 2026-10-16) has no rent control or rent stabilization; the lease terms control.
Verified Source: SDCL ch. 43-32 · last checked 2026-10-16 · Full rent control / stabilization page
Can a tenant sublet an apartment in South Dakota?
South Dakota's landlord-tenant law (SDCL ch. 43-32, read in full on 2026-10-16) has no rule requiring landlord consent to sublet or assign; the lease terms control, and a landlord's lease remedies run against assignees (§ 43-32-20).
Verified Source: SDCL ch. 43-32 · last checked 2026-10-16 · Full subletting & assignment page
Does a landlord need just cause to evict in South Dakota?
South Dakota's landlord-tenant law (SDCL ch. 43-32, read in full on 2026-10-16) has no just-cause eviction requirement.
Verified Source: SDCL ch. 43-32 · last checked 2026-10-16 · Full just-cause eviction page
What is the condo conversion protections rule in South Dakota?
South Dakota's landlord-tenant law (SDCL ch. 43-32, read in full on 2026-10-16) has no condo-conversion tenant protections.
Verified Source: SDCL ch. 43-32 · last checked 2026-10-16 · Full condo conversion protections page
What is the eviction notices for other grounds (lease violation, no-fault) rule in South Dakota?
A landlord may sue to evict a tenant who holds over, commits waste, or does (or fails to do) something that ends the lease under its own terms. Chapter 21-16 (read in full on 2026-10-16) sets no separate notice period for these grounds; the former three-day notice to quit (§ 21-16-2) was repealed in 2024. Statute text: "An action of forcible entry and detainer, or of detainer only, is maintainable: (1) If a party has by force, intimidation, fraud, or stealth, entered upon the prior actual possession of real property or the occupied structure of another, and detains the same; (2) If a party, after entering peaceably upon real property or an occupied structure, turns out by force, threats, or menacing conduct, the party in possession; (3) If a party by force or by menaces and threats of violence unlawfully holds and keeps the possession of any real property, or occupied structure, whether the same was acquired peaceably or otherwise; (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." (SDCL § 21-16-1).
Verified Source: SDCL § 21-16-1 · last checked 2026-10-16 · Full eviction notices for other grounds (lease violation, no-fault) page
What is the right to cure / redeem rule in South Dakota?
South Dakota's eviction and landlord-tenant law (SDCL ch. 21-16 and ch. 43-32, read in full on 2026-10-16) gives tenants no statutory right to cure or to stop an eviction by paying after the case is filed; any cure depends on the lease or the landlord's agreement.
Verified Source: SDCL ch. 21-16; ch. 43-32 · last checked 2026-10-16 · Full right to cure / redeem page
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