SD
South Dakota Landlord-Tenant Laws
Security Deposit Limits in South Dakota
SDCL § 43-32-6.1
⏰ Timeline
As specified by law
✅ Key Requirements
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- Maximum: One month's rent
- Higher deposits allowed if special conditions pose danger to maintenance
- Higher amount must be agreed upon by both parties
- No requirement for interest-bearing account
- No interest payment required to tenant
Security Deposit Return Timeline in South Dakota
SDCL § 43-32-24
⏰ Timeline
45 days after lease termination or as specified
✅ Key Requirements
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- 14 days after tenancy ends and forwarding address received
- Must return deposit or provide written statement
- Written statement must show amount withheld and reason
- Itemized accounting within 45 days if requested by tenant
- Failure to comply forfeits right to withhold any deposit
Allowable Security Deposit Deductions in South Dakota
SDCL § 43-32-24
⏰ Timeline
As specified by law
✅ Key Requirements
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- Valid deductions: Unpaid rent, damages, cleaning, utilities (if in lease)
- Cannot deduct for normal wear and tear
- Must provide written statement of deductions
- Must provide itemized accounting if requested
- Deductions must be reasonable and documented
Security Deposit Penalties in South Dakota
SDCL § 43-32-24
⏰ Timeline
As specified by law
✅ Key Requirements
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- Non-compliance forfeits right to withhold deposit
- Bad faith retention: Punitive damages up to $200
- Tenant may recover up to 2x deposit amount
- Bad faith includes failure to provide required statements
- Landlord must follow all procedural requirements
Rent Increase Notice Requirements in South Dakota
SDCL § 43-32-13
⏰ Timeline
30 days after lease termination or as specified
✅ Key Requirements
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- Month-to-month: 30 days' written notice required
- Fixed-term: Cannot increase unless lease allows
- No rent control in South Dakota
- Increases cannot be discriminatory
- Increases cannot be retaliatory
Late Fees in South Dakota
No specific statute; general contract law principles apply
⏰ Timeline
As specified by law
✅ Key Requirements
- No statutory limit on late fees
- Late fees must be reasonable
- Should reflect actual costs to landlord
- Must be disclosed in lease agreement
- No mandatory grace period unless in lease
- +1 more requirements
Rent Control Preemption in South Dakota
SDCL § 6-1-13
⏰ Timeline
As specified by law
✅ Key Requirements
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- Rent control prohibited statewide
- No local jurisdiction can enact rent control
- Applies to both residential and commercial property
- Landlords free to set market-rate rents
- Subject only to lease terms and anti-discrimination laws
Eviction for Nonpayment of Rent in South Dakota (2024 Changes)
SDCL § 21-16-2 (as amended by SB 90, 2024)
⏰ Timeline
As specified by law
✅ Key Requirements
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- No notice required as of 2024 (SB 90)
- Landlord may file immediately when rent unpaid
- Tenant has 5 days to answer after service (extended from 4)
- Eliminates opportunity to cure before court involvement
- Major change weakening tenant protections
Eviction for Lease Violations in South Dakota
SDCL Chapter 21-16 (Forcible Entry and Detainer)
⏰ Timeline
As specified by law
✅ Key Requirements
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- Valid reasons: Lease violations, property damage, nuisances
- Must follow forcible entry and detainer procedures
- Cannot use self-help eviction
- Specific notice per lease agreement and statute
- Must obtain court judgment for eviction
Eviction for Illegal Activity in South Dakota
SDCL Chapter 21-16
⏰ Timeline
As specified by law
✅ Key Requirements
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- Valid grounds: Drug activity, criminal conduct, safety threats
- Must follow legal eviction process
- Court order required
- Cannot use self-help methods
- Notice requirements per statute and lease
Month-to-Month Termination in South Dakota (2024 Changes)
SDCL § 43-32-13 (as amended by SB 89, 2024)
⏰ Timeline
30 days after lease termination or as specified
✅ Key Requirements
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- 15 days' written notice required (as of 2024)
- Reduced from 30 days by SB 89
- Either party may terminate
- Notice must be given before rental period expires
- Major change reducing tenant notice protections
Eviction Process Overview in South Dakota
SDCL Chapter 21-16
⏰ Timeline
As specified by law
✅ Key Requirements
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- Called forcible entry and detainer
- File in circuit court
- Tenant has 5 days to answer after service
- Court hearing held
- Writ of restitution issued if landlord prevails
- +1 more requirements
Illegal Self-Help Evictions in South Dakota
SDCL § 43-32-6
⏰ Timeline
As specified by law
✅ Key Requirements
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- Cannot shut off utilities
- Cannot change locks
- Cannot use force to remove tenant
- Must obtain court order
- Tenant remedies: Injunction or termination
- +1 more requirements
Landlord's Duty to Maintain Habitability in South Dakota
SDCL § 43-32-9
⏰ Timeline
As specified by law
✅ Key Requirements
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- Must maintain unit in reasonable repair
- Must keep unit fit for human habitation
- Must maintain electrical, plumbing, heating systems
- Warranty cannot be waived in lease
- May agree tenant does repairs in lieu of rent
- +1 more requirements
Tenant Repair Rights in South Dakota
SDCL § 43-32-9
⏰ Timeline
As specified by law
✅ Key Requirements
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- Option 1: Repair and deduct from rent
- Option 2: Withhold rent in separate account (if cost > 1 month rent)
- Must give landlord written notice first
- Must specify repairs needed and deadline
- Must provide evidence of separate account
- +1 more requirements
Landlord Entry Rights in South Dakota
SDCL § 43-32-32
⏰ Timeline
As specified by law
✅ Key Requirements
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- 24-hour written notice required
- Notice must include: date, time, reason
- Must state how tenant can change entry time
- Entry only with tenant consent
- Entry only during reasonable hours
- +1 more requirements
Right to Quiet Enjoyment in South Dakota
Common law and SDCL § 43-32-6
⏰ Timeline
As specified by law
✅ Key Requirements
- Right to peaceful use and enjoyment
- Landlord cannot unreasonably interfere
- No harassment or excessive entry
- No utility shutoffs
- Violations may allow tenant to terminate lease
- +1 more requirements
Retaliation Prohibition in South Dakota
General legal principles; no specific comprehensive statute
⏰ Timeline
As specified by law
✅ Key Requirements
- Cannot increase rent in discriminatory manner
- Cannot retaliate for exercise of legal rights
- 180-day presumption period may apply
- Actions after tenant complaints may be scrutinized
- Legal remedies available through courts
- +1 more requirements
Discrimination Protections in South Dakota
42 U.S.C. § 3604 (Federal); SDCL Chapter 20-13 (State)
⏰ Timeline
As specified by law
✅ Key Requirements
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- Protected classes: Race, color, religion, sex, national origin, familial status, disability
- Cannot refuse to rent based on protected class
- Cannot set different terms or conditions
- Cannot advertise preferences
- File complaints with HUD or SD Division of Human Rights
- +1 more requirements
Tenant Duties in South Dakota
SDCL Chapter 43-32
⏰ Timeline
As specified by law
✅ Key Requirements
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- Keep unit reasonably clean and safe
- Dispose of trash properly
- Use facilities reasonably
- Do not damage property
- Comply with housing codes
- +1 more requirements
Military Service Member Protections in South Dakota
SDCL § 43-32-13; 50 U.S.C. § 3901 et seq. (SCRA)
⏰ Timeline
As specified by law
✅ Key Requirements
- Two months' notice required for active military
- Applies to lease termination by landlord
- More protection than standard 15-day notice
- Federal SCRA also provides protections
- Recognizes unique military circumstances
Application Fees and Tenant Screening in South Dakota
Fair Credit Reporting Act § 604(a)(3)(F); Fair Housing Act
⏰ Timeline
As specified by law
✅ Key Requirements
- No statutory cap on application fees
- Fees must be reasonable
- Should cover actual screening costs
- Must comply with Fair Housing Act
- Must be applied consistently
- +1 more requirements
Required Disclosures in South Dakota
SDCL § 43-32-30; 42 U.S.C. § 4852d (lead paint)
⏰ Timeline
As specified by law
✅ Key Requirements
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- Must disclose prior methamphetamine manufacturing
- Disclosure to actual and potential tenants
- Unit-specific disclosure in multi-unit buildings
- Lead-based paint disclosure (pre-1978 housing)
- Must provide EPA pamphlet for lead paint
- +1 more requirements
Lead-Based Paint Disclosure in South Dakota
42 U.S.C. § 4852d; 24 CFR Part 35
⏰ Timeline
As specified by law
✅ Key Requirements
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- Required for housing built before 1978
- Must provide EPA pamphlet
- Must disclose known lead-based paint and hazards
- Must provide available records and reports
- Must include warning language in lease
- +1 more requirements
Small Claims Court in South Dakota
SDCL Chapter 15-39
⏰ Timeline
As specified by law
✅ Key Requirements
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- Maximum amount: $12,000
- Simplified process for self-representation
- Attorneys permitted but not required
- Common uses: Security deposits, damages, unpaid rent
- Faster and less formal than regular court
- +1 more requirements
Lease Agreement Requirements in South Dakota
SDCL Chapter 43-32
⏰ Timeline
As specified by law
✅ Key Requirements
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- Both written and oral agreements valid
- Written agreements strongly recommended
- Should specify: Rent, deposit, maintenance, terms
- Cannot waive habitability requirements
- Tenant should receive copy of signed lease
- +1 more requirements
Prohibited Lease Clauses in South Dakota
SDCL § 43-32-9
⏰ Timeline
As specified by law
✅ Key Requirements
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- Cannot waive warranty of habitability
- Cannot eliminate landlord's repair duty
- Cannot waive statutory tenant rights
- May agree tenant does repairs in lieu of rent
- Prohibited clauses are unenforceable
- +1 more requirements
Abandoned Property in South Dakota
SDCL § 43-32-25
⏰ Timeline
30 days after lease termination or as specified
✅ Key Requirements
View Full Statute →
- Property ≤ $500: May dispose after 10 days
- Property > $500: Must store for 30 days
- Should document abandoned property
- Should attempt to notify tenant
- After waiting period, may dispose/sell/donate
- +1 more requirements