South Dakota Rent withholding / escrow

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