South Dakota Landlord-Tenant Law
The rules for renting in South Dakota — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for South Dakota
- Security deposit limit
- One month's rent, unless landlord and tenant agree to a larger deposit where special conditions pose a danger to maintenance of the premises. SDCL 43-32-6.1
- Deposit return deadline
- 21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions: return the deposit or give a written statement of the specific reasons for withholding. SDCL 43-32-24
- Notice for unpaid rent
- No statutory notice to quit. The landlord may file a forcible entry and detainer (eviction) action once rent has been unpaid for three days after it is due. The first legal step is filing and serving a verified complaint and summons. SDCL 21-16-1(4); SDCL 21-16-6; SDCL 21-16-2 (repealed)
- Ending a month-to-month lease
- A tenancy with no specified term renews automatically unless a party gives notice of termination at least as long before expiration as the rental period, but not more than one month. For a month-to-month tenancy, either party gives one month's notice. SDCL 43-32-15
- Landlord entry notice
- Reasonable notice and entry at reasonable times, except in emergencies or where notice is impracticable. Written notice 24 hours in advance is presumed reasonable unless the lease sets other notice methods or times. The notice must state the date(s), a time window within normal business hours, the purpose, and how to ask to reschedule. SDCL 43-32-32
- Rent control / increase limits
- No statewide rent control, and state law prohibits local rent control. No local government may enact, maintain, or enforce any ordinance or other measure that would control the rent charged for private residential property. SDCL 6-1-13
Last verified against official sources: 2026-10-22
Main law: Lease of Real Property; Forcible Entry and Detainer — SDCL Chapter 43-32; SDCL Chapter 21-16
Security Deposits in South Dakota
| Security deposit limit | One month's rent, unless landlord and tenant agree to a larger deposit where special conditions pose a danger to maintenance of the premises. Source: SL 1976, ch 267, § 2. Source: SDCL 43-32-6.1 |
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| Deposit return deadline | 21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions: return the deposit or give a written statement of the specific reasons for withholding. RECENT CHANGE: 2026 Senate Bill 4 (SL 2026, ch 179, § 1), signed Feb. 12, 2026, changed the period from "two weeks" (14 days) to 21 days. The act has no emergency clause, so it took effect July 1, 2026 (SDCL 2-14-16). Tenancies that ended before July 1, 2026 were governed by the 14-day rule. Bill text: https://mylrc.sdlegislature.gov/api/Documents/300759.html Source: SDCL 43-32-24 |
| Itemized deductions | Written statement of the specific reason for any withholding within 21 days; if the tenant requests it, an itemized accounting of any amount withheld within 45 days after the tenancy ends. Deductions are limited to unpaid rent, other money owed under an agreement, and restoring the premises to move-in condition (ordinary wear and tear excepted). Statute text: "Within forty-five days after termination of the tenancy, upon request of the lessee, the lessor must provide the lessee with an itemized accounting." It does not say when the request must be made. Source: SDCL 43-32-24 |
| Interest on deposits | Not required by statute. No interest provision in Chapter 43-32. Source: SDCL Chapter 43-32 |
| Penalty for withholding | A landlord who does not comply loses all right to withhold any part of the deposit. Bad-faith retention, or bad-faith failure to provide the written statement or itemized accounting, adds punitive damages of up to $200. Small claims court may award these punitive damages (SDCL 15-39-45 makes an exception for 43-32-24 and 43-32-6). The 2026 amendment changed "statement and itemized accounting" to "statement or itemized accounting", so bad-faith failure to give either one triggers the penalty. Source: SDCL 43-32-24 |
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Eviction in South Dakota
| Notice for unpaid rent | No statutory notice to quit. The landlord may file a forcible entry and detainer (eviction) action once rent has been unpaid for three days after it is due. The first legal step is filing and serving a verified complaint and summons. RECENT CHANGE: 2024 Senate Bill 90 (SL 2024, ch 75, § 1), signed Mar. 26, 2024 and effective July 1, 2024, repealed SDCL 21-16-2. That section had required three days' written notice to quit before filing in cases under 21-16-1(4)-(6), meaning nonpayment, holdover, and possession after a foreclosure or judicial sale. Check the lease for any notice it requires. Ending a periodic or at-will tenancy still requires notice (SDCL 43-32-15; 43-8-8). Bill text: https://mylrc.sdlegislature.gov/api/Documents/262852.html |
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| Notice for lease violations | No statutory notice or cure period. An FED action lies when the tenant commits waste or does or fails to do an act that terminates the lease under its terms. The landlord may also end the lease early if the tenant uses the premises contrary to the lease or does not make required repairs within a reasonable time after a request. Lease-violation cases under 21-16-1(7) were never covered by the former three-day notice to quit in 21-16-2, which applied only to subdivisions (4)-(6). That section was repealed in 2024 (SL 2024, ch 75). Any cure period comes from the lease. Source: SDCL 21-16-1(7); SDCL 43-32-18 |
| Lockouts & utility shutoffs | If the landlord unlawfully removes or excludes the tenant, or willfully interrupts electric, gas, water, or other essential service, the tenant may sue for an injunction, recover possession, or end the lease. In any of these cases the tenant also recovers damages equal to two months' rent plus return of any advance rent and deposit. Source: SL 1976, ch 267, § 1; SL 1982, ch 299. Source: SDCL 43-32-6 |
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Notice to Vacate in South Dakota
| Ending a month-to-month lease | A tenancy with no specified term renews automatically unless a party gives notice of termination at least as long before expiration as the rental period, but not more than one month. For a month-to-month tenancy, either party gives one month's notice. Lodgings with no set term are presumed monthly (SDCL 43-32-4). To change month-to-month terms such as rent, the landlord must give written notice at least 30 days before the end of the month. The tenant may then end the tenancy on the first day of the next month by giving notice within 15 days (SDCL 43-32-13). A residential tenancy at will may be ended by the landlord on at least 15 days' notice, or two months for tenants in active military service with some exceptions (SDCL 43-8-8, as amended by SL 2024, ch 178). Source: SDCL 43-32-15 |
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Landlord Entry in South Dakota
| Landlord entry notice | Reasonable notice and entry at reasonable times, except in emergencies or where notice is impracticable. Written notice 24 hours in advance is presumed reasonable unless the lease sets other notice methods or times. The notice must state the date(s), a time window within normal business hours, the purpose, and how to ask to reschedule. Source: SL 2014, ch 191, § 4. Source: SDCL 43-32-32 |
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Repairs & Habitability in South Dakota
| Repair and deduct | Yes. If, within a reasonable time after notice, the landlord does not fix conditions that make the unit unfit to live in or unsafe, the tenant may make the repairs and deduct the cost from rent (or recover it from the landlord). The tenant may instead vacate and owe no further rent. The statute sets no dollar cap on repair-and-deduct. Repairs costing more than one month's rent follow the escrow procedure. Source: SDCL 43-32-9 |
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| Withholding rent | Yes, when the needed repairs would cost more than one month's rent. After giving written notice that states the specific reason, the tenant may withhold rent but must immediately deposit it in a separate bank or savings and loan account and give the landlord written proof. The money is released to the landlord once repairs are made, or used for the repairs once enough has built up. The landlord's duty to keep the premises habitable cannot be waived (SDCL 43-32-8). Source: SDCL 43-32-9 |
| Retaliation protection | No statutory presumption. After a protected act, a tenant may sue if the landlord retaliates by raising rent above fair market value, decreasing electric, gas, water, or sewer service, or giving a notice to vacate that is not based on a lease breach. Protected acts are a good-faith complaint to a government agency about a housing or building code violation affecting health and safety (once the landlord has written notice of it), a written repair notice under 43-32-9, and organizing or joining a tenants' union or organization. The landlord has a defense if the notice to vacate came more than 180 days after the protected act. Not renewing a written lease is not retaliation. Applies to manufactured or mobile home community owners too. Remedies are those of SDCL 43-32-6 (including two months' rent in damages) plus discretionary attorney's fees, which require counsel's verified itemized statement (43-32-28, amended SL 2020, ch 191). Source: SDCL 43-32-27, 43-32-28 |
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Rent Increases & Late Fees in South Dakota
| Rent control / increase limits | No statewide rent control, and state law prohibits local rent control. No local government may enact, maintain, or enforce any ordinance or other measure that would control the rent charged for private residential property. Source: SL 1990, ch 51, § 2. A local government may still manage and control residential property in which it holds a property interest. Source: SDCL 6-1-13 |
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| Late fees | No statutory cap or grace period. No late-fee provision in Chapter 43-32. Source: None in SDCL Chapter 43-32 |
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Breaking a Lease in South Dakota
| Ending a lease: domestic violence | If the tenant or a household member is the victim of alleged domestic abuse, unlawful sexual behavior or stalking, the tenant may terminate and vacate on or before a specified date without early-termination penalty by written notice stating the termination is due to fear of imminent danger or injury, attaching one of: a police report signed in the prior 30 days, a protection order issued in the prior 30 days, or documentation from a licensed health care provider who examined the tenant/household member in the prior 30 days. The tenant owes no early termination fee and no rent for the month following the month in which the tenant vacates. Landlord may not disclose the tenant's forwarding/contact information without consent unless required by law. Enacted SL 2020, ch 190. |
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| Ending a lease: military, medical, death | Tenant may end a lease early if the landlord fails, within a reasonable time after written request, to put the tenant in quiet possession or make required repairs, or if the greater part of the premises is destroyed other than by tenant negligence. A lease terminable at either party's pleasure ends on notice of a party's death or incapacity; other leases are not ended by death. No state military, medical or senior-care termination right found in ch. 43-32. Did not check other SDCL titles (e.g., Title 33A veterans/military) for a state servicemember lease provision. Source: SDCL 43-32-19(1)-(2); 43-32-23 |
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Squatters & Abandoned Property in South Dakota
| Squatters / unauthorized occupants | No special squatter-removal statute. An owner removes a person who entered by force, intimidation, fraud or stealth (or who holds possession by force or threats) through a forcible entry and detainer (FED) court action in circuit or magistrate court; the defendant has 5 days after service to appear, and the court enters judgment for possession. No affidavit/police-removal procedure found in SDCL ch. 21-16 or 43-32 as of 2026. Criminal trespass statutes may also apply but were not reviewed. |
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| Belongings left behind | Property with a total reasonable value of $500 or less left on residential premises for 10 days after the tenant quits is presumed abandoned and the landlord may dispose of it. Property worth more than $500 must be stored by the landlord, who has a lien for handling and storage costs; after storing it for 30 days or more the landlord may treat it as abandoned and dispose of it. No notice to the tenant is required by statute. Source: SDCL 43-32-25; 43-32-26 |
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Rental Fees in South Dakota
| Application / screening fees | No statute - SDCL ch. 43-32 does not cap or regulate application or screening fees. Source: SDCL Chapter 43-32 |
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| Other rental fees | No statute limiting move-in, convenience or other rental fees in SDCL ch. 43-32. Source: SDCL Chapter 43-32 |
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Section 8, Records & Right to Counsel in South Dakota
| Section 8 / source of income | No. South Dakota's housing discrimination law covers race, color, creed, religion, sex, ancestry, disability, familial status and national origin, but not source of income or vouchers. Source: SDCL 20-13-20 |
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| Right to a lawyer in eviction | No statewide right to counsel in eviction cases. No right-to-counsel provision in the FED chapter. Source: SDCL Chapter 21-16 |
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Mold, Pests, Heat & AC in South Dakota
| Mold | No statute — general habitability/repair duty applies. South Dakota has no mold disclosure, remediation or exposure-standard law for rentals; the landlord must keep the premises and common areas in reasonable repair, fit for human habitation and in good and safe working order, except for disrepair caused by the tenant's (or the tenant's invitees') negligent, willful or malicious conduct. If the landlord fails to repair within a reasonable time after notice, the tenant may repair and deduct, recover the cost, or vacate; if repairs exceed one month's rent the tenant may escrow rent after written notice (SDCL 43-32-9). The repair duty cannot be waived. Source: SDCL 43-32-8 |
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| Pests & bed bugs | No statute — no bed-bug or pest-specific law. The landlord's general duty to keep the premises fit for human habitation applies, except where the condition was caused by the tenant's negligent, willful or malicious conduct. No state bed-bug disclosure or inspection rule; who pays for treatment generally depends on who caused the infestation and the lease. Source: SDCL 43-32-8 |
| Heat | The landlord must maintain heating systems in good and safe working order (unless the tenant caused the disrepair) and keep the unit fit for human habitation. No state statute sets a minimum indoor temperature or heating season. Local codes may set temperature standards. Source: SDCL 43-32-8 |
| Air conditioning | No state requirement to provide air conditioning or a maximum indoor temperature. SDCL 43-32-8 lists electrical, plumbing and heating systems but not air conditioning; a lease promise to provide AC is enforceable under the lease. Source: SDCL ch. 43-32 (no provision) |
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Privacy, Guests & Animals in South Dakota
| Cameras & privacy | No landlord-specific statute, but installing in any private place, without the consent of the persons entitled to privacy there, any device for observing, photographing, recording, amplifying or broadcasting sounds or events — or using such an installation — is a Class 1 misdemeanor; so is trespassing to subject anyone to surveillance in a private place. Photographing or recording a person without clothing without consent, with intent to self-gratify, harass or invade privacy, is also a crime. Recording a conversation with an eavesdropping device without the consent of a party is a Class 5 felony (one-party consent). SDCL 22-21-4 was amended by SL 2026, ch 104 (adding digitally fabricated images). Wiretap chapter: https://sdlegislature.gov/api/Statutes/23A-35A.html?all=true. A landlord camera inside a tenant's unit without the tenant's consent can fall under § 22-21-1(2). |
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| Guests & occupants | No statute on guests vs. tenants, occupancy limits or roommate rights for residential rentals — the lease governs. The landlord's repair duty does not cover disrepair caused by the negligent, willful or malicious conduct of the tenant or a person under the tenant's direction or control. SDCL 43-32-37 et seq. (ejection for exceeding guest-room occupancy limits) applies to hotels, campgrounds and RV parks, not residential tenancies. Local codes may set occupancy limits. Source: SDCL 43-32-8; ch. 43-32 checked |
| Service & support animals (state law) | South Dakota's landlord-tenant statute defines 'service animal' broadly to include emotional support, therapy and assistance animals. When a tenant asserts a disability requiring such an animal as an accommodation, the landlord may require reliable supporting documentation confirming the disability and its relationship to the need, from a licensed health care provider who does not operate in South Dakota solely to certify service or assistance animals. No documentation may be required if the disability or need is readily apparent or already known. If a tenant knowingly makes a false claim or provides fraudulent documentation, the landlord may evict and collect a damage fee of up to $1,000. Enacted SL 2018, ch 259. No state statute on pet fees for assistance animals; under federal fair-housing rules, pet deposits or fees generally cannot be charged for an assistance animal. Source: SDCL 43-32-33 to 43-32-36 |
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How eviction works in South Dakota
Eviction cases are heard in: Circuit court or magistrate court in the county where the property is located (SDCL 21-16-3).
- Grounds arise: rent unpaid 3 days after it is due, holdover after the lease ends, or a breach that ends the lease (SDCL 21-16-1). No statutory notice to quit has been required since July 1, 2024 (SDCL 21-16-2 repealed)
- File verified complaint with summons (SDCL 21-16-6)
- Service by sheriff, authorized person, or constable: at least two attempts, one week apart, both within 30 days. On the second attempt the summons may be posted, delivered to a resident, and mailed first class. Optional one-time publication starting on the day of the first attempt (SDCL 21-16-6, 21-16-6.1)
- Tenant must appear and plead within 5 days of service, or 30 days after publication if sooner. Continuances over 14 days require a rent undertaking (SDCL 21-16-7)
- Trial may be set on 2 days' notice after issue is joined (SDCL 21-16-8)
- Judgment for possession, rent, and damages. Attorney fees may be taxed as costs (SDCL 21-16-10, 21-16-11)
- Execution for possession is served in the daytime only (SDCL 21-16-12)
Appear and plead within 5 days of service, or 30 days after publication if sooner. Trial may be set on 2 days' notice after issue is joined. The period was 4 days before July 1, 2024, when SL 2024, ch 75, § 2 changed it to 5.
Source: SDCL 21-16-1 to 21-16-12
What surprises people about South Dakota rental law
- South Dakota repealed its three-day notice to quit effective July 1, 2024. An eviction can be filed once rent is 3 days past due (SDCL 21-16-1(4); SL 2024, ch 75)
- The deposit return deadline rose from 14 days to 21 days on July 1, 2026 (SDCL 43-32-24; SL 2026, ch 179)
- Cities and counties are barred from adopting rent control (SDCL 6-1-13)
- Tenants may escrow rent when repairs would cost more than one month's rent (SDCL 43-32-9)
- Bad-faith deposit retention carries punitive damages capped at only $200 (SDCL 43-32-24)
- Tenants who knowingly make false assistance-animal disability claims may be evicted and charged up to $1,000 (SDCL 43-32-36)
- Victims of domestic abuse, unlawful sexual behavior, or stalking may end the lease without an early-termination penalty (SDCL 43-32-19.1)
Federal law that also applies in South Dakota
These federal rules apply on top of South Dakota law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
City rules in South Dakota
These cities add their own tenant protections on top of state law:
Eviction by county in South Dakota
Which court hears evictions, filing fees, local rent levels and help:
For landlords
How to evict a tenant in South Dakota — steps, cost, timeline and forms.
Common South Dakota questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How South Dakota compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
|---|---|---|---|
| South Dakota | One month's rent, unless landlord and tenant agree to a larger deposit where special conditions pose a danger to maintenance of the premises. SDCL 43-32-6.1 | 21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions: return the deposit or give a written statement of the specific reasons for withholding. SDCL 43-32-24 | No statutory notice to quit. The landlord may file a forcible entry and detainer (eviction) action once rent has been unpaid for three days after it is due. The first legal step is filing and serving a verified complaint and summons. SDCL 21-16-1(4); SDCL 21-16-6; SDCL 21-16-2 (repealed) |
| Iowa | Two months' rent. Iowa Code § 562A.12(1) | Within 30 days after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the deposit or give a written statement of the specific reasons for withholding. If no address is provided within one year, the deposit reverts to the landlord. Iowa Code § 562A.12(3)-(4) | 3 days' written notice of nonpayment and of the landlord's intent to terminate if rent is not paid within that period. After that notice, no separate 3-day notice to quit is required before filing. Iowa Code § 562A.27(2); § 648.3(1) |
| Minnesota | No statewide cap on the amount of a security deposit. Minn. Stat. § 504B.178 | Within three weeks after the tenancy ends (and after the landlord receives the tenant's mailing address or delivery instructions), return the deposit with interest or give a written statement of reasons for withholding. Within 5 days if the tenant must leave because the building is legally condemned (unless the tenant's own willful, malicious, or irresponsible conduct caused it). Minn. Stat. § 504B.178, subd. 3 | Before filing an eviction for nonpayment of rent (residential), the landlord must deliver a written notice giving the tenant 14 days to pay. The notice must state the total due, an itemized accounting (rent, late fees, other charges), who is authorized to receive payment and where, and required statements about legal help and rental assistance. Delivery is personal or by first-class mail to the rental address. Minn. Stat. § 504B.321, subd. 1a |
| Montana | No statutory cap on the amount of a residential security deposit. Mont. Code Ann. Title 70, Ch. 25 (§§ 70-25-101 to 70-25-206) | 30 days after the tenancy ends (or after surrender and acceptance of the premises, whichever is first) when the landlord makes deductions; 10 days when there are no damages, no cleaning needed, no unpaid rent, and the tenant shows utilities are paid. Mont. Code Ann. § 70-25-202(1)(a)-(b) | 3 days' written notice of nonpayment and intent to terminate; agreement terminates if rent is not paid within 3 days. Mont. Code Ann. § 70-24-422(2) |
| Nebraska | One month's periodic rent (any security however labeled). A separate pet deposit of up to one-fourth of one month's periodic rent may also be charged. Neb. Rev. Stat. § 76-1416 | 14 days after the tenancy terminates (balance plus written itemization delivered or mailed; if no forwarding address is given, mail first-class to the last-known address). Neb. Rev. Stat. § 76-1416 | 7 calendar days' written notice of nonpayment and intent to terminate; landlord may terminate if rent is not paid within that time. Neb. Rev. Stat. § 76-1431(2) |
| North Dakota | One month's rent. Up to two months' rent allowed from a tenant with a felony conviction (as an incentive to rent) or with a prior judgment for violating a rental agreement. A separate pet deposit (not for service/assistance animals) may not exceed the greater of $2,500 or two months' rent. N.D.C.C. § 47-16-07.1(1)-(2) | Within 30 days after the lease ends and the tenant delivers possession N.D.C.C. § 47-16-07.1(3) | Rent must be more than 3 days past due; then the landlord must serve a 3-day written notice of intention to evict before filing. N.D.C.C. §§ 47-32-01(4), 47-32-02 |
| Wyoming | No statutory cap on the amount of a deposit. W.S. 1-21-1207, 1-21-1208 | Within 30 days after the rental agreement ends, or within 15 days after the landlord receives the renter's new mailing address, whichever is later. If the unit is damaged, the deadline is extended by 30 days. W.S. 1-21-1208(a) | 3-day notice to quit. FED is allowed after rent is 3 days past due, and the written notice to leave must be served at least 3 days before the action is filed. W.S. 1-21-1002(a)(i), 1-21-1003 |
South Dakota landlord-tenant FAQ
How much can a landlord charge for a security deposit in South Dakota?
One month's rent, unless landlord and tenant agree to a larger deposit where special conditions pose a danger to maintenance of the premises. (SDCL 43-32-6.1)
How long does a landlord have to return a security deposit in South Dakota?
21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions: return the deposit or give a written statement of the specific reasons for withholding. (SDCL 43-32-24)
Does a landlord have to pay interest on a security deposit in South Dakota?
Not required by statute. (SDCL Chapter 43-32)
Does a landlord in South Dakota have to give an itemized list of deposit deductions?
Written statement of the specific reason for any withholding within 21 days; if the tenant requests it, an itemized accounting of any amount withheld within 45 days after the tenancy ends. Deductions are limited to unpaid rent, other money owed under an agreement, and restoring the premises to move-in condition (ordinary wear and tear excepted). (SDCL 43-32-24)
What happens if a landlord in South Dakota wrongfully keeps a security deposit?
A landlord who does not comply loses all right to withhold any part of the deposit. Bad-faith retention, or bad-faith failure to provide the written statement or itemized accounting, adds punitive damages of up to $200. (SDCL 43-32-24)
How much notice does a landlord have to give before evicting for unpaid rent in South Dakota?
No statutory notice to quit. The landlord may file a forcible entry and detainer (eviction) action once rent has been unpaid for three days after it is due. The first legal step is filing and serving a verified complaint and summons. (SDCL 21-16-1(4); SDCL 21-16-6; SDCL 21-16-2 (repealed))
How much notice is required to evict for a lease violation in South Dakota?
No statutory notice or cure period. An FED action lies when the tenant commits waste or does or fails to do an act that terminates the lease under its terms. The landlord may also end the lease early if the tenant uses the premises contrary to the lease or does not make required repairs within a reasonable time after a request. (SDCL 21-16-1(7); SDCL 43-32-18)
How much notice is needed to end a month-to-month lease in South Dakota?
A tenancy with no specified term renews automatically unless a party gives notice of termination at least as long before expiration as the rental period, but not more than one month. For a month-to-month tenancy, either party gives one month's notice. (SDCL 43-32-15)
Can a landlord enter without notice in South Dakota?
Reasonable notice and entry at reasonable times, except in emergencies or where notice is impracticable. Written notice 24 hours in advance is presumed reasonable unless the lease sets other notice methods or times. The notice must state the date(s), a time window within normal business hours, the purpose, and how to ask to reschedule. (SDCL 43-32-32)
Is there a limit on late fees in South Dakota?
No statutory cap or grace period. (None in SDCL Chapter 43-32)
Can a tenant repair and deduct from rent in South Dakota?
Yes. If, within a reasonable time after notice, the landlord does not fix conditions that make the unit unfit to live in or unsafe, the tenant may make the repairs and deduct the cost from rent (or recover it from the landlord). The tenant may instead vacate and owe no further rent. (SDCL 43-32-9)
Can a tenant withhold rent for repairs in South Dakota?
Yes, when the needed repairs would cost more than one month's rent. After giving written notice that states the specific reason, the tenant may withhold rent but must immediately deposit it in a separate bank or savings and loan account and give the landlord written proof. The money is released to the landlord once repairs are made, or used for the repairs once enough has built up. (SDCL 43-32-9)
Can a landlord retaliate against a tenant for complaining in South Dakota?
No statutory presumption. After a protected act, a tenant may sue if the landlord retaliates by raising rent above fair market value, decreasing electric, gas, water, or sewer service, or giving a notice to vacate that is not based on a lease breach. Protected acts are a good-faith complaint to a government agency about a housing or building code violation affecting health and safety (once the landlord has written notice of it), a written repair notice under 43-32-9, and organizing or joining a tenants' union or organization. The landlord has a defense if the notice to vacate came more than 180 days after the protected act. Not renewing a written lease is not retaliation. (SDCL 43-32-27, 43-32-28)
Is there rent control or a limit on rent increases in South Dakota?
No statewide rent control, and state law prohibits local rent control. No local government may enact, maintain, or enforce any ordinance or other measure that would control the rent charged for private residential property. (SDCL 6-1-13)
Can a landlord change the locks or shut off utilities in South Dakota?
If the landlord unlawfully removes or excludes the tenant, or willfully interrupts electric, gas, water, or other essential service, the tenant may sue for an injunction, recover possession, or end the lease. In any of these cases the tenant also recovers damages equal to two months' rent plus return of any advance rent and deposit. (SDCL 43-32-6)
What is the small claims court limit in South Dakota for a deposit dispute?
$12,000 (not including allowable costs or attorney fees) (SDCL 15-39-45.1)
How do you remove a squatter in South Dakota?
No special squatter-removal statute. An owner removes a person who entered by force, intimidation, fraud or stealth (or who holds possession by force or threats) through a forcible entry and detainer (FED) court action in circuit or magistrate court; the defendant has 5 days after service to appear, and the court enters judgment for possession. (SDCL 21-16-1(1)-(3); 21-16-3; 21-16-7; 21-16-10)
What can a landlord do with a tenant's abandoned property in South Dakota?
Property with a total reasonable value of $500 or less left on residential premises for 10 days after the tenant quits is presumed abandoned and the landlord may dispose of it. Property worth more than $500 must be stored by the landlord, who has a lien for handling and storage costs; after storing it for 30 days or more the landlord may treat it as abandoned and dispose of it. No notice to the tenant is required by statute. (SDCL 43-32-25; 43-32-26)
Is there a limit on rental application fees in South Dakota?
No statute - SDCL ch. 43-32 does not cap or regulate application or screening fees. (SDCL Chapter 43-32)
What rental fees are banned or limited in South Dakota?
No statute limiting move-in, convenience or other rental fees in SDCL ch. 43-32. (SDCL Chapter 43-32)
Can a domestic violence survivor break a lease in South Dakota?
If the tenant or a household member is the victim of alleged domestic abuse, unlawful sexual behavior or stalking, the tenant may terminate and vacate on or before a specified date without early-termination penalty by written notice stating the termination is due to fear of imminent danger or injury, attaching one of: a police report signed in the prior 30 days, a protection order issued in the prior 30 days, or documentation from a licensed health care provider who examined the tenant/household member in the prior 30 days. The tenant owes no early termination fee and no rent for the month following the month in which the tenant vacates. Landlord may not disclose the tenant's forwarding/contact information without consent unless required by law. (SDCL 43-32-19(3); 43-32-19.1; 43-32-19.2)
When can a tenant break a lease without penalty in South Dakota?
Tenant may end a lease early if the landlord fails, within a reasonable time after written request, to put the tenant in quiet possession or make required repairs, or if the greater part of the premises is destroyed other than by tenant negligence. A lease terminable at either party's pleasure ends on notice of a party's death or incapacity; other leases are not ended by death. No state military, medical or senior-care termination right found in ch. 43-32. (SDCL 43-32-19(1)-(2); 43-32-23)
Can a landlord refuse Section 8 vouchers in South Dakota?
No. South Dakota's housing discrimination law covers race, color, creed, religion, sex, ancestry, disability, familial status and national origin, but not source of income or vouchers. (SDCL 20-13-20)
Do tenants have a right to a free lawyer in eviction cases in South Dakota?
No statewide right to counsel in eviction cases. (SDCL Chapter 21-16)
What does a South Dakota notice to pay rent or quit have to include?
No written pre-filing notice is required by statute. The statutory 3-day notice to quit (former SDCL 21-16-2) was repealed in 2024; an eviction (FED) action may be brought once the tenant fails to pay rent for three days after it is due. The verified complaint and summons must be served by a sheriff, constable or authorized process server with at least two attempts a week apart within 30 days; on the second attempt the summons may be posted conspicuously, delivered to a resident, and mailed first class. Publication is also allowed. (SDCL 21-16-1(4); 21-16-2 (repealed SL 2024, ch 75); 21-16-6; 21-16-6.1)
What does a South Dakota notice to end a month-to-month tenancy have to include?
A periodic tenancy renews automatically unless one party gives notice of intent to terminate at least as long before the end of the period as the period itself, not exceeding one month (i.e., one rental period's notice for month-to-month). The statute does not prescribe written form, wording or delivery method. A month-to-month landlord changing terms must give written notice at least 30 days before month-end; the tenant may then terminate effective the first of the next month by notice within 15 days. (SDCL 43-32-15; 43-32-13)
What must a South Dakota security deposit itemization include?
Within 21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions, the landlord must return the deposit or furnish a written statement showing the specific reason for withholding any portion. Deductions limited to unpaid rent, other funds due under an agreement, and restoring the premises (ordinary wear and tear excepted). On the tenant's request, an itemized accounting must be provided within 45 days after termination. Noncompliance forfeits the right to withhold; bad-faith retention or failure to provide the statement/accounting allows punitive damages up to $200. (SDCL 43-32-24 (as amended SL 2026, ch 179))
How long does a landlord have to sue for unpaid rent in South Dakota?
6 years for an action on a contract, obligation, or liability, express or implied — the same 6-year period applies to written and oral leases. (SDCL 15-2-13(1))
Can a landlord accept rent during an eviction in South Dakota?
No statute says accepting rent waives an eviction or a pending FED action. Related rule: 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. (SDCL 43-32-14; chs. 21-16, 43-32 checked)
Can you be evicted in the winter in South Dakota?
No statute — South Dakota's forcible entry and detainer law (SDCL ch. 21-16) and lease law (ch. 43-32) set no winter or cold-weather limit on evictions. (SDCL chs. 21-16, 43-32 checked)
Can a landlord give notice by text or email in South Dakota?
No pre-filing notice to quit is required: SDCL 21-16-2 was repealed in 2024, and the eviction starts with a verified complaint and summons. The summons must be served by a sheriff, constable, or authorized process server, with at least two attempts at least a week apart within 30 days. On the second attempt, it may be posted conspicuously on the property, handed to a resident if one is found, and mailed first-class to the tenant at the property. A notice changing month-to-month terms must be in writing and 'served upon the tenant.' No statute addresses email or text notices. (SDCL 21-16-6; 21-16-2 (repealed, SL 2024, ch. 75); 43-32-13)
How much notice is required for a rent increase in South Dakota?
Month-to-month: the landlord may change the terms, including rent, with written notice at least 30 days before the end of the month, effective at month's end if the tenant stays. The tenant may instead end the lease effective the first of the next month by giving notice within 15 days of receiving the change. No statute requires longer notice for large increases or caps the amount. Fixed-term leases change only at renewal. (SDCL 43-32-13)
Does a landlord have to give a copy of the lease in South Dakota?
No statute — SDCL ch. 43-32 does not require the landlord to give the tenant a copy of the lease or to disclose the owner or manager. The landlord must disclose known prior methamphetamine manufacturing on the premises. (SDCL 43-32-30; ch. 43-32 checked)
What are tenants' rights in a foreclosure in South Dakota?
No statute — South Dakota adds no tenant protections beyond the federal PTFA. After a mortgage or execution sale, once the redemption period expires and the deed is delivered, the buyer may bring an FED action against an occupant who stays. (SDCL 21-16-1(5); chs. 21-16, 43-32 checked)
Does a landlord have to fix mold in South Dakota?
No statute — general habitability/repair duty applies. South Dakota has no mold disclosure, remediation or exposure-standard law for rentals; the landlord must keep the premises and common areas in reasonable repair, fit for human habitation and in good and safe working order, except for disrepair caused by the tenant's (or the tenant's invitees') negligent, willful or malicious conduct. (SDCL 43-32-8)
Who pays for pest control and bed bugs in South Dakota?
No statute — no bed-bug or pest-specific law. The landlord's general duty to keep the premises fit for human habitation applies, except where the condition was caused by the tenant's negligent, willful or malicious conduct. (SDCL 43-32-8)
Does a landlord have to provide heat in South Dakota?
The landlord must maintain heating systems in good and safe working order (unless the tenant caused the disrepair) and keep the unit fit for human habitation. No state statute sets a minimum indoor temperature or heating season. (SDCL 43-32-8)
Does a landlord have to provide air conditioning in South Dakota?
No state requirement to provide air conditioning or a maximum indoor temperature. (SDCL ch. 43-32 (no provision))
What can a landlord deduct from a deposit for cleaning or damage in South Dakota?
Not defined, but excluded: the landlord may withhold only amounts reasonably necessary to cover unpaid rent and other funds due under an agreement, and to restore the premises to their condition at the start of the tenancy, 'ordinary wear and tear excepted.' Within 21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions, the landlord must return the deposit or give a written statement of specific reasons for withholding; an itemized accounting must be provided on request within 45 days. (SDCL 43-32-24)
Can a landlord put cameras in or around a rental in South Dakota?
No landlord-specific statute, but installing in any private place, without the consent of the persons entitled to privacy there, any device for observing, photographing, recording, amplifying or broadcasting sounds or events — or using such an installation — is a Class 1 misdemeanor; so is trespassing to subject anyone to surveillance in a private place. Photographing or recording a person without clothing without consent, with intent to self-gratify, harass or invade privacy, is also a crime. Recording a conversation with an eavesdropping device without the consent of a party is a Class 5 felony (one-party consent). (SDCL 22-21-1, 22-21-3, 22-21-4, 23A-35A-20)
Can a landlord limit guests or roommates in South Dakota?
No statute on guests vs. tenants, occupancy limits or roommate rights for residential rentals — the lease governs. The landlord's repair duty does not cover disrepair caused by the negligent, willful or malicious conduct of the tenant or a person under the tenant's direction or control. (SDCL 43-32-8; ch. 43-32 checked)
Can a landlord deny a service or emotional support animal in South Dakota?
South Dakota's landlord-tenant statute defines 'service animal' broadly to include emotional support, therapy and assistance animals. When a tenant asserts a disability requiring such an animal as an accommodation, the landlord may require reliable supporting documentation confirming the disability and its relationship to the need, from a licensed health care provider who does not operate in South Dakota solely to certify service or assistance animals. No documentation may be required if the disability or need is readily apparent or already known. If a tenant knowingly makes a false claim or provides fraudulent documentation, the landlord may evict and collect a damage fee of up to $1,000. (SDCL 43-32-33 to 43-32-36)
Official resources for South Dakota
- SDCL Chapter 43-32 (Lease of Real Property)
- SDCL Chapter 21-16 (Forcible Entry and Detainer)
- SD UJS Self-Help: Eviction forms and instructions
- SD UJS Self-Help: Small claims
- SD UJS eviction form UJS-139 (Rev. 07/2026)
- 2024 SB 90 (SL 2024, ch 75) - repeal of notice to quit, 5-day answer
- 2026 SB 4 (SL 2026, ch 179) - 21-day deposit return
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.