South Dakota Mold, Pests, Heat & AC Rules
South Dakota rules on mold, pests, heat & ac for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No statute — general habitability/repair duty applies. South Dakota has no mold disclosure, remediation or exposure-standard law for rentals; SDCL 43-32-8
The rules 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 |
|---|---|
| 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) |
Related questions
- 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?
South Dakota vs. neighboring states
| State | Mold | Pests & bed bugs | Heat |
|---|---|---|---|
| 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 | 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 | 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 |
| Iowa | No statute — Iowa has no mold-specific landlord-tenant law. Mold is handled under the landlord's duties to comply with building and housing codes materially affecting health and safety and to make all repairs and do whatever is necessary to keep the premises fit and habitable. Iowa Code § 562A.15(1)(a)(1), (2) | No statute — Iowa does not specifically assign pest or bed-bug treatment or require a bed-bug disclosure. Infestations fall under the landlord's fit-and-habitable and code-compliance duties; tenants must keep their unit clean and dispose of garbage and waste in a clean and safe manner. Iowa Code §§ 562A.15(1)(a)(1), (2), (5); 562A.17(2), (3) | Yes. The landlord must supply running water, reasonable amounts of hot water at all times, and reasonable heat — unless the building is not required by law to be so equipped or the heat/hot water is generated by equipment under the tenant's exclusive control with a direct utility connection. Heating facilities supplied by the landlord must be kept in good and safe working order. No numeric minimum temperature is set by state statute. Iowa Code § 562A.15(1)(a)(4), (6) |
| Minnesota | No statute — no mold-specific disclosure or remediation law. Mold is covered by the general statutory covenants that the unit and common areas are fit for their intended use, kept in reasonable repair, and kept in compliance with state and local health and safety laws. A condition with a serious negative impact on health or safety can support an emergency tenant remedies action, and tenants can also use rent escrow or a tenant remedies action. Minn. Stat. § 504B.161, subd. 1(a)(1), (2), (4); § 504B.381, subd. 1 | The landlord's statutory duty to keep the premises in reasonable repair expressly includes extermination of insects, rodents, vermin or other pests, including bed bugs. The exception is when the problem was caused by the willful, malicious or irresponsible conduct of the tenant or someone under the tenant's control. A serious infestation is an emergency that can support an expedited emergency tenant remedies action. No bed-bug-specific disclosure statute. Minn. Stat. § 504B.161, subd. 1(a)(2); § 504B.381, subd. 1(2)(i) | Yes, statewide. The landlord must provide heat of at least 68°F in all places intended for habitation, including kitchens and bathrooms, from October 1 through April 30. The only exception is when a utility company requires and instructs the heat to be reduced. Loss of heat that the landlord is responsible for is an emergency that can support an emergency tenant remedies action. Minn. Stat. § 504B.161, subd. 1(a)(5); § 504B.381, subd. 1(2)(iv) |
| Montana | Montana Mold Disclosure Act: a landlord who knows mold is present must disclose it to the tenant before or when the lease is signed, and a landlord who knows the building was tested for mold must say so and give the tenant the test results (if available) and evidence of any later mitigation. A landlord may also give a statutory mold disclosure statement for the tenant to sign; a landlord who gives it, discloses prior testing and mitigation, and discloses known mold is shielded from liability based on the presence of or propensity for mold. No state mold-remediation standard; the general duty to keep the premises fit and habitable applies. Mont. Code Ann. §§ 70-16-701 to 70-16-703; § 70-24-303(1)(b) | No pest- or bed-bug-specific statute. The landlord must make repairs and do whatever is necessary to keep the premises fit and habitable and keep common areas clean and safe; the tenant must keep the unit reasonably clean and safe and dispose of garbage properly. Mont. Code Ann. §§ 70-24-303(1)(b)-(c), 70-24-321(1)(b)-(c) | Yes. The landlord must supply reasonable heat between October 1 and May 1 (plus running water and reasonable hot water at all times) and keep heating facilities in good and safe working order. No statewide minimum temperature is set. Exception: buildings not required by law to be equipped for heat, or units where heat is generated by an installation in the tenant's exclusive control. Mont. Code Ann. § 70-24-303(1)(d), (1)(f) |
| Nebraska | No statute — general habitability/repair duty applies. After written or actual notice, the landlord must substantially comply with applicable minimum housing codes and do whatever is necessary to put and keep the premises fit and habitable. Neb. Rev. Stat. § 76-1419(1)(a)-(b) | No pest- or bed-bug-specific statute. The landlord must keep the premises fit and habitable and common areas clean and safe (after notice); the tenant must keep the occupied part of the premises clean and safe and dispose of garbage and waste properly. Neb. Rev. Stat. §§ 76-1419(1)(b)-(c), 76-1421(2)-(3) | Yes. The landlord must supply reasonable heat (and running water and reasonable hot water at all times) and maintain heating facilities in good and safe working order. No statewide minimum temperature or heating season is set. Exceptions: buildings not required by law to be equipped for heat, or units where heat is generated by an installation in the tenant's exclusive control supplied by a direct public utility connection. Neb. Rev. Stat. § 76-1419(1)(d), (1)(f) |
| North Dakota | No statute — general habitability/repair duty applies. North Dakota has no mold disclosure, remediation or exposure-standard law for rentals; the landlord must comply with applicable building and housing codes affecting health and safety and 'make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.' N.D.C.C. § 47-16-13.1(1)(a)-(b) | No statute — no bed-bug or pest-specific law. The landlord's general duty to keep the premises fit and habitable and common areas clean and safe applies; the tenant must keep the unit as clean and safe as conditions permit, remove garbage, and not damage the premises. N.D.C.C. §§ 47-16-13.1(1)(b)-(c), 47-16-13.2 | Yes. The landlord must supply 'reasonable heat' and keep heating facilities it supplies in good and safe working order, unless the building is not required by law to be equipped for heat or the heat is generated by an installation under the tenant's exclusive control on a direct utility connection. No statewide minimum temperature or heating season is set. N.D.C.C. § 47-16-13.1(1)(d), (f) |
| Wyoming | No statute — Wyoming's Residential Rental Property Act does not mention mold, and no state housing code addresses it. Mold is governed only by the general duty to keep the unit safe, sanitary and fit for human habitation; the act applies only to conditions that materially affect the physical health or safety of the ordinary renter. The renter must be current on payments and give written notice (certified mail or as allowed by W.S. 1-21-1003) before court remedies are available. W.S. 1-21-1202(a), (c); 1-21-1203(a)-(b); 1-21-1206 | No statute — no pest or bed-bug provision in the Residential Rental Property Act or elsewhere for rentals. Infestations fall under the general safe-and-sanitary duty if they materially affect health or safety. The owner need not remedy conditions caused by the renter, the renter's family or guests through misuse, and the renter must keep the unit clean and dispose of garbage properly. W.S. 1-21-1202; 1-21-1203(c); 1-21-1204(a)(i)-(ii) | Yes, but no temperature standard. Each rental unit must have operational heating (and electrical, plumbing and hot and cold running water) unless both parties agree otherwise in writing, and the owner must maintain the heating system. State law sets no minimum indoor temperature or heating season. Seasonal units such as summer cabins not intended to have these amenities are excepted. W.S. 1-21-1202(a); 1-21-1203(a)(iii) |
City rules that may add to state law
More South Dakota rental law
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- South Dakota Rental Fee Rules
- South Dakota Section 8, Records & Right to Counsel
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- South Dakota Subletting, Lease Endings & Tenant Death
- All South Dakota landlord-tenant rules
- Free legal help in South Dakota
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South Dakota Mold, Pests, Heat & AC Rules FAQ
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))
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.