South Dakota Rent Increase & Late Fee Laws
South Dakota rules on rent increases & late fees for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: 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
The rules 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 |
|---|---|
| Late fees | No statutory cap or grace period. No late-fee provision in Chapter 43-32. Source: None in SDCL Chapter 43-32 |
Free calculators
- Late Fee Checker — Check a late fee against your state's cap and grace period.
- Rent Increase Calculator — In states with a statewide rent cap, see the most your rent can go up this year.
Related questions
- Can a landlord raise the rent in the middle of a lease?
- How much can a landlord charge for a late fee?
- How much notice does a landlord have to give before raising the rent?
- Can a landlord evict you for no reason?
South Dakota vs. neighboring states
| State | Rent control / increase limits | Late fees |
|---|---|---|
| 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 | No statutory cap or grace period. None in SDCL Chapter 43-32 |
| Iowa | Preempted: cities and counties may not adopt or enforce any limit on the amount of rent for private residential or commercial property (except property in which the local government has an interest). No statewide cap. Iowa Code § 364.3(9) (cities); § 331.304(10) (counties) | Rent of $700/month or less: late fee may not exceed $12 per day or $60 per month. Rent over $700/month: not more than $20 per day or $100 per month. Iowa Code § 562A.9(4) |
| Minnesota | No statewide rent cap. State law preempts local rent control unless the measure is approved by voters in a general election. Saint Paul has a rent stabilization ordinance (originally adopted 'Ord of 11-2-2021', the 2021 general election date, per the ordinance's history notes): a 3% cap on increases within any 12-month period, with exceptions. Minn. Stat. § 471.9996; Saint Paul Legislative Code ch. 193A | Allowed only if the landlord and tenant agreed in writing. The agreement must say when the fee will be charged. The fee may not exceed 8% of the overdue rent payment. There is no statutory grace period. Minn. Stat. § 504B.177 |
| Montana | Local rent control preempted: local governments with self-government powers may not exercise any power to control the amount of rent charged for private residential or commercial property. No statewide cap. Mont. Code Ann. § 7-1-111(26) | No statutory cap or grace period. Mont. Code Ann. § 70-24-103 (definition of "rent") |
| Nebraska | Preempted statewide: cities, villages, counties and their subdivisions may not enact or enforce local laws controlling rent on private property, including home-rule cities; conflicting local laws are void. Neb. Rev. Stat. § 13-331 (Laws 2025, LB266) | No statutory cap Neb. Rev. Stat. § 76-1414 |
| North Dakota | Statewide preemption: political subdivisions may not enact, maintain, or enforce rent control on private residential or commercial property. N.D.C.C. § 47-16-02.1 | No statutory cap No statute |
| Wyoming | No state rent control law. No enacted statewide preemption statute was located. W.S. 1-21-1201 to 1-21-1211 (no rent-regulation provision) | No statutory cap W.S. 1-21-1201 to 1-21-1211 (no late-fee provision) |
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
- 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 Lockouts, Utility Shutoffs & Retaliation
- South Dakota Subletting, Lease Endings & Tenant Death
- All South Dakota landlord-tenant rules
- Free legal help in South Dakota
Compare rent increases & late fees in all 50 states and DC →
South Dakota Rent Increase & Late Fee Laws FAQ
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)
Is there a limit on late fees in South Dakota?
No statutory cap or grace period. (None in SDCL Chapter 43-32)
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.