South Dakota Lockouts, Utility Shutoffs & Retaliation
South Dakota rules on lockouts, utility shutoffs & retaliation for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: If a residential landlord unlawfully removes or locks out a tenant, the tenant may sue for an injunction, recover possession by suit, or end the rental agreement, and in any case recover damages equal to two months' rent plus return of any advance rent and deposit. SDCL 43-32-6, 43-32-25, 43-32-26
The rules in South Dakota
| Lockouts and illegal eviction | If a residential landlord unlawfully removes or locks out a tenant, the tenant may sue for an injunction, recover possession by suit, or end the rental agreement, and in any case recover damages equal to two months' rent plus return of any advance rent and deposit. Belongings left after a tenant has moved out are presumed abandoned after 10 days if worth $500 or less; property worth more must be stored for at least 30 days before it can be treated as abandoned. Source: SDCL 43-32-6, 43-32-25, 43-32-26 |
|---|---|
| Landlord shutting off utilities | If a residential landlord willfully interrupts electric, gas, water or another essential service to the tenant, the tenant may sue for an injunction, recover possession by suit, or end the rental agreement, and in any case recover damages equal to two months' rent plus return of any advance rent and deposit. Source: SDCL 43-32-6 |
| 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. 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 |
Related questions
South Dakota vs. neighboring states
| State | Lockouts and illegal eviction | Landlord shutting off utilities | Landlord retaliation |
|---|---|---|---|
| South Dakota | If a residential landlord unlawfully removes or locks out a tenant, the tenant may sue for an injunction, recover possession by suit, or end the rental agreement, and in any case recover damages equal to two months' rent plus return of any advance rent and deposit. Belongings left after a tenant has moved out are presumed abandoned after 10 days if worth $500 or less; property worth more must be stored for at least 30 days before it can be treated as abandoned. SDCL 43-32-6, 43-32-25, 43-32-26 | If a residential landlord willfully interrupts electric, gas, water or another essential service to the tenant, the tenant may sue for an injunction, recover possession by suit, or end the rental agreement, and in any case recover damages equal to two months' rent plus return of any advance rent and deposit. SDCL 43-32-6 | 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 |
| Iowa | A landlord may not recover or take possession except after abandonment or surrender or as the landlord-tenant law permits (such as a court eviction). If the landlord unlawfully removes or excludes the tenant, the tenant may recover possession or end the lease, and in either case recover actual damages, punitive damages of up to twice the monthly rent, and reasonable attorney fees. If the lease ends, the landlord must return all prepaid rent and the security deposit. Iowa Code §§ 562A.26, 562A.33 | A landlord may not take possession by willfully interrupting electric, gas, water or other essential service, except after abandonment, surrender or as the law allows. If the landlord willfully cuts essential services, the tenant may recover possession or end the lease, and in either case recover actual damages, punitive damages of up to twice the monthly rent, and reasonable attorney fees. Separately, if the landlord deliberately or negligently fails to supply heat, running water, hot water or essential services, the tenant may give written notice and buy them and deduct the cost from rent, or recover reduced rental value. Iowa Code §§ 562A.33, 562A.26, 562A.23 | Landlord may not raise rent, decrease services, or bring or threaten an action for possession after the tenant complains to a code-enforcement agency about a health/safety violation, complains to the landlord about a § 562A.15 violation, or organizes or joins a tenants' union. A good-faith complaint within one year before the alleged retaliation creates a presumption of retaliation. Tenant may recover actual damages and attorney fees and has a defense to eviction. Iowa Code § 562A.36 |
| Minnesota | If a landlord (or agent) unlawfully and in bad faith removes, excludes or forcibly keeps out a residential tenant, the tenant can recover treble (three times) damages or $500, whichever is greater, plus reasonable attorney's fees (Minn. Stat. §504B.231). Unlawful and intentional removal or exclusion is also a misdemeanor (§504B.225), and a tenant actually or constructively shut out (including by removal of doors, windows or locks) can get an immediate court order restoring possession on a verified petition (§504B.375). Lease clauses waiving these rights are void. Minn. Stat. §504B.231; §504B.225; §504B.375 | A landlord (or agent) who intentionally interrupts or causes the interruption of electric, heat, gas or water service to a tenant with intent to unlawfully remove or exclude the tenant commits a misdemeanor; proof that the landlord intentionally interrupted service creates a presumption of that intent, which the landlord must rebut (Minn. Stat. §504B.225). A tenant shut out by termination of utilities can file a verified petition in district court and, if the exclusion clearly appears unlawful, the court must immediately order the tenant restored to possession, carried out by the sheriff (§504B.375). Lease waivers are void. Minn. Stat. §504B.225; §504B.375 | It is a defense to eviction if the landlord's notice or action is, in whole or part, a penalty for the tenant's good-faith attempt to enforce lease or legal rights or a good-faith report of code violations to a government authority. Rent increases or service cuts as penalties are also barred. If the notice to quit was served within 90 days after the protected act, the landlord must prove it was not retaliatory. After 90 days, the burden is on the tenant. Minn. Stat. §§ 504B.285, subds. 2-3; 504B.441 |
| Montana | Self-help eviction is banned. Except after abandonment or surrender, or as the Act permits, a landlord may not recover or take possession of the unit by action or otherwise. If a landlord unlawfully removes or shuts out the tenant, the tenant may recover possession or end the rental agreement and recover up to 3 months' periodic rent or treble damages, whichever is greater; if the agreement ends, the landlord must return all recoverable security and prepaid rent. Mont. Code Ann. §§ 70-24-428, 70-24-411 | No. A landlord may not take possession by purposefully cutting off heat, running water, hot water, electricity, gas, or other essential services. If a landlord purposefully interrupts those services, the tenant may recover possession or end the rental agreement and, either way, recover up to 3 months' periodic rent or treble damages, whichever is greater. If the agreement ends, the landlord must return all recoverable security and prepaid rent. Mont. Code Ann. §§ 70-24-428, 70-24-411, 70-24-408 | Landlord may not raise rent, reduce services, or bring or threaten a possession action after the tenant complained to a government code-enforcement agency, made a written complaint to the landlord about § 70-24-303 duties, or organized/joined a tenants' union. A complaint within 6 months before the act creates a rebuttable presumption of retaliation. Mont. Code Ann. § 70-24-431 |
| Nebraska | Self-help eviction is banned. A landlord may not recover or take possession of the unit by action or otherwise, except after abandonment, surrender, or as the Uniform Residential Landlord and Tenant Act permits. If a landlord unlawfully removes or shuts out the tenant, the tenant may recover possession or end the lease and recover three months' periodic rent as liquidated damages plus a reasonable attorney's fee. Neb. Rev. Stat. §§ 76-1436, 76-1430 | No. A landlord may not take possession by willfully interrupting electric, gas, water, or other essential services. If the landlord willfully and wrongfully cuts those services, the tenant may recover possession or end the lease and, either way, recover three months' periodic rent as liquidated damages plus a reasonable attorney's fee; if the lease ends, the landlord must return all prepaid rent and recoverable security. Neb. Rev. Stat. §§ 76-1436, 76-1430, 76-1427 | Landlord may not raise rent, decrease services, or bring/threaten a possession action because the tenant complained to a government agency about a housing-code violation affecting health and safety, or organized/joined a tenants' union. Tenant may use § 76-1430 remedies and raise retaliation as a defense. Neb. Rev. Stat. § 76-1439 |
| North Dakota | The North Dakota Attorney General's tenant guide states that a landlord cannot lock a tenant out or confiscate the tenant's belongings; removing a tenant requires an eviction case in court. Property left behind after a tenant has vacated may be kept and disposed of by the landlord only under the abandoned-property rule (28 or more days, total value of $2,500 or less). ND Attorney General, Tenant Rights; N.D.C.C. ch. 47-32; § 47-16-30.1 | The North Dakota Attorney General's tenant guide states that a landlord cannot cut off a tenant's utilities, and that eviction requires a court process. By statute, a residential landlord must supply running water, reasonable hot water and reasonable heat (with exceptions such as a tenant-controlled installation or a utility supply failure). ND Attorney General, Tenant Rights; N.D.C.C. § 47-16-13.1(1)(f) | No statute — N.D.C.C. chapters 47-16 (leases) and 47-32 (eviction) contain no general rule against landlord retaliation. The only express retaliation bar protects a tenant who ends a lease under the domestic-violence provision; a court may award $1,000 statutory damages plus actual damages, attorney's fees and costs. N.D.C.C. chs. 47-16 and 47-32 (checked); § 47-16-17.1(10)-(11) |
| Wyoming | Wyoming's residential rental and eviction statutes have no provision that expressly bans a landlord from changing locks or removing a renter without a court order, or that sets damages for doing so. The statutes provide a court eviction process (forcible entry and detainer) with a written notice to quit served at least three days before filing; after a court order, the sheriff may remove the renter's belongings and prevent re-entry. W.S. 1-21-1003, 1-21-1211(a); W.S. 1-21-1001 to 1-21-1211 (reviewed) | Wyoming's residential rental and eviction statutes have no provision that specifically bans a landlord from shutting off utilities to force a renter out or sets damages for it. Separately, owners must maintain electrical systems, plumbing, heating, and hot and cold water, and a renter who is current on payments can use the written notice and court process for health and safety problems. W.S. 1-21-1203(a)(iii), 1-21-1206; W.S. 1-21-1001 to 1-21-1211 (reviewed) | No statute — Wyoming has no general law barring landlord retaliation (for example, for complaining about repairs or contacting an inspector). The only related rule: a landlord may not end a tenancy based solely on a tenant's or household member's status as a victim of domestic abuse or sexual violence. W.S. 1-21-1303(c); Title 1, Ch. 21, Arts. 10, 12, 13 and 14 checked |
City rules that may add to state law
More South Dakota rental law
- South Dakota Security Deposit Law
- South Dakota Eviction Laws
- South Dakota Notice to Vacate Rules
- Landlord Entry Rules in South Dakota
- South Dakota Repairs & Tenant Remedies
- South Dakota Rent Increase & Late Fee Laws
- Breaking a Lease in South Dakota
- Squatters' Rights in South Dakota
- South Dakota Rental Fee Rules
- South Dakota Section 8, Records & Right to Counsel
- South Dakota Mold, Pests, Heat & AC Rules
- South Dakota Privacy, Guests & Animal Rules
- South Dakota Landlord Selling the House
- South Dakota Subletting, Lease Endings & Tenant Death
- All South Dakota landlord-tenant rules
- Free legal help in South Dakota
Compare lockouts, utility shutoffs & retaliation in all 50 states and DC →
South Dakota Lockouts, Utility Shutoffs & Retaliation FAQ
Can a landlord change the locks without a court order in South Dakota?
If a residential landlord unlawfully removes or locks out a tenant, the tenant may sue for an injunction, recover possession by suit, or end the rental agreement, and in any case recover damages equal to two months' rent plus return of any advance rent and deposit. Belongings left after a tenant has moved out are presumed abandoned after 10 days if worth $500 or less; property worth more must be stored for at least 30 days before it can be treated as abandoned. (SDCL 43-32-6, 43-32-25, 43-32-26)
Can a landlord shut off utilities in South Dakota?
If a residential landlord willfully interrupts electric, gas, water or another essential service to the tenant, the tenant may sue for an injunction, recover possession by suit, or end the rental agreement, and in any case recover damages equal to two months' rent plus return of any advance rent and deposit. (SDCL 43-32-6)
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)
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.