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State Reference Guide · Midwest

South Dakota
Tenant Rights.

This guide provides a detailed overview of landlord-tenant laws in the State of South Dakota. In South Dakota, rental agreements are governed primarily by South Dakota Codified Laws (SDCL) Chapter 43-32.

Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

What rights do tenants have in South Dakota?

Tenants in South Dakota are protected by state law that governs security deposit limits, the notice a landlord must give before eviction, basic habitability standards (heat, water, electrical, locks), and the deadline for returning your deposit after move-out. Local cities in South Dakota sometimes add stronger protections on top of these state-wide rules.

01
MONEY

Security Deposits

South Dakota law limits how much a landlord can charge and sets a strict timeline for returning deposits.

Maximum Amount
A landlord may not demand a security deposit exceeding one month’s rent. However, a higher deposit may be charged if "special conditions" exist which pose a danger to the maintenance of the premises (e.g., a pet or a waterbed). (SDCL § 43-32-6.1)
Return Deadline
The landlord must return the security deposit within two weeks after the termination of the tenancy and receipt of the tenant's mailing address. (SDCL § 43-32-24)
Itemization Requirements
If any portion of the deposit is withheld, the landlord must provide a written statement showing the specific reason for the withholding within two weeks. Furthermore, the landlord must provide a detailed, itemized accounting of the deductions within 45 days after the termination of the tenancy if the tenant requests it. (SDCL § 43-32-24)
Penalties for Non-compliance
If a landlord fails to provide the return or the statement of reasons within the two-week period, they forfeit the right to withhold any portion of the deposit. A tenant may sue for the return of the deposit plus punitive damages up to $200 if the landlord acted in bad faith. (SDCL § 43-32-24)
02
NOTICE

Eviction Notices

South Dakota has one of the fastest eviction processes in the United States. Landlords must follow the "Forcible Entry and Detainer" process.

Nonpayment of Rent
If rent is three days late, the landlord may serve a 3-Day Notice to Quit. If the tenant does not pay or move within those three days, the landlord can immediately file for eviction in court. (SDCL § 21-16-1(4))
Lease Violations
If a tenant commits a material breach of the lease agreement or commits waste upon the premises, the landlord may terminate the lease immediately. South Dakota law does not require the landlord to provide a statutory "right to cure" (a period to fix the problem) for material violations before proceeding with eviction. (SDCL § 43-32-18 and SDCL § 21-16-1(7))
Month-to-Month Termination
To end a month-to-month lease without cause, either party must provide at least 30 days' written notice. The notice must be given at any time, but the tenancy will terminate one month after the next rent payment is due. (SDCL § 43-32-13)
03
NOTICE

Landlord Entry Requirements

While tenants have a right to privacy, landlords have a right to maintain their property.

Notice Period
South Dakota law requires landlords to give 24 hours' notice before entering the premises. Entry must be at a reasonable time. (SDCL § 43-32-32)
Exceptions
Emergency: Notice is not required if the landlord reasonably believes there is an emergency (e.g., a bursting pipe or fire).Tenant Consent: If the tenant agrees to the entry at that moment.Abandonment: If the tenant has abandoned the property.
Permitted Reasons
Landlords may enter to inspect, make necessary repairs, or show the unit to prospective buyers or tenants. (SDCL § 43-32-32)
04
MONEY

Rent Control Status

State Preemption
South Dakota does not have rent control. Furthermore, the state legislature generally discourages local municipalities from enacting rent control measures.
Rent Increases
Landlords can increase rent by any amount, provided they give the tenant a 30-day written notice (for month-to-month tenancies). Rent cannot be increased during a fixed-term lease unless the lease specifically allows for it. (SDCL § 43-32-13)
05
SAFETY

Habitability and Repairs

Landlords are legally required to keep the rental unit in a condition fit for human habitation.

Warranty of Habitability
Landlords must maintain the premises in reasonable repair and fit for human occupation, complying with all health and safety codes. (SDCL § 43-32-8)
Repair and Deduct
If a landlord fails to make necessary repairs after being notified, a tenant has two options: - Repair and Deduct: The tenant may have the repairs done and deduct the cost from the rent, provided the cost does not exceed one month's rent.Vacate: The tenant may terminate the lease and move out without further obligation. (SDCL § 43-32-9)
Requirement for Notice
Before using "repair and deduct," the tenant must provide the landlord with written notice of the problem and a reasonable amount of time to fix it.
06
SAFETY

Retaliation Protections

South Dakota protects tenants from landlords who try to "get even" for the tenant exercising their legal rights.

Protected Activities
A landlord cannot punish a tenant (by raising rent, decreasing services, or threatening eviction) because the tenant complained to a government agency about a building/health code violation or joined a tenant union. (SDCL § 43-32-27)
Presumption Period
If the landlord takes negative action against the tenant within 180 days of the tenant’s protected activity, the court may presume the landlord's action was retaliatory. The landlord would then have to prove they had a legitimate, non-retaliatory reason for their action. (SDCL § 43-32-28)
07
LEASE

Lease Requirements and Disclosures

Written vs. Oral
Leases for more than one year must be in writing to be enforceable. (SDCL § 43-32-5)
Methamphetamine Disclosure
Before signing a lease, a landlord must disclose in writing if they have actual knowledge that the property has been used to manufacture methamphetamine. (SDCL § 43-32-30)
Contact Information
The lease must include the name and address of the person authorized to manage the premises and the owner (or their agent) for service of process. (SDCL § 43-32-25)
Unique To South Dakota

Protections you won't find everywhere else.

01
Domestic Abuse Protections
Victims of domestic abuse, sexual assault, or stalking have the right to terminate a lease early without penalty.
02
Modified Security Deposit Rule for Pets
Unlike many states that treat pet deposits as separate entities, South Dakota specifically allows the security deposit to exceed the one-month-rent cap if a pet is present. This is a common point of negotiation in SD leases. (SDCL § 43-32-6.1)
03
Speedy Return of Property
South Dakota law is unique in its two-week security deposit return deadline for the initial statement of deductions. This is significantly faster than the 21 to 30 days common in most other states, providing South Dakota tenants with faster access to their funds for their next move. Disclaimer: This guide is intended for informational purposes and does not constitute legal advice. For specific legal issues, contact a licensed attorney in South Dakota or South Dakota Legal Services.
Cities with local protections

These South Dakota cities layer extra tenant protections on top of state law: Brookings, Madison, Rapid City, Sioux Falls, Spearfish, Vermillion.

Common Questions

Frequently Asked

Security deposit limits in South Dakota are set by state law and typically apply per lease, not per tenant. The exact cap, allowed deductions, and the deadline for returning the deposit are defined in the South Dakota statutes section above; deadlines vary by state, so check that section for the specific rule that applies to your lease. Always document the unit's condition with photos at move-in and move-out so you can dispute improper deductions.

Apartments

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Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

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