South Dakota Repair Request Letter to Landlord
A free South Dakota repair request letter to landlord that follows South Dakota law. Fill in the boxes, check the rules below, then print or copy it. Keep a copy and proof of how you sent it.
What South Dakota law says
| 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. Source: SDCL 43-32-9 |
|---|---|
| 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. Source: SDCL 43-32-9 |
| Landlord retaliation | 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. Source: SDCL 43-32-27, 43-32-28 |
| 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. Source: SDCL 43-32-8 |
| 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. Source: SDCL 43-32-8 |
Fill in your letter
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To: [landlord or manager name], [landlord address]
From: [your name], tenant at [rental address]
I am asking you to repair the following problems at my rental: [describe each problem, where it is, and when it started].
I first reported this on [date first reported] by [phone, text, email, portal or letter].
Please make these repairs by [date]. You may enter to make repairs after giving the notice required by law; times that work for me: [access times].
South Dakota law protects tenants from retaliation for asking for repairs (SDCL 43-32-27, 43-32-28).
Date: [today's date]
Tenant: [your name]
Signature: ____________________
How to send it: use a method you can prove — certified mail with return receipt, or email/text if your lease allows notices that way. Write down the date.
Repair Request Letter to Landlord templates for other states · All South Dakota landlord-tenant rules · Free legal help in South Dakota
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.