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South Dakota Landlord-Tenant Laws

South Dakota Landlord Tenant LawsThis article is intended to be an online resource for South Dakota landlords.  We summarize key South Dakota Landlord-Tenant laws that are most applicable to residential rental units.

This article is not qualified for legal advice.  Individuals seeking guidance need to work with a legal advisor who is qualified in the jurisdiction.  South Dakota Landlord Tenant Laws and statutes may vary from county to county or city to city, this article provides state-level laws and statutes. 

Also, laws and statutes are subject to change and may cause sections of this article to be outdated.  We provide links to assist landlords and tenants to the state statute page for further research.

Click here if you are seeking renters insurance in South Dakota.

 

Quick Facts for Real Estate Investors Considering South Dakota

South Dakota landlord-tenant laws are considered Landlord-friendly.

There are 884,659  residents in South Dakota.  Major metropolitan markets in South Dakota are:

  1. Rapid City: Estimated population of 167,951, which 39% of residents are renter occupied.  The average rent is $852.
  2. Sioux Falls: Estimated population of 268,232, which 33% of residents are renter occupied.  The average rent is $783.

 

 

SECURITY DEPOSIT LAWS IN SOUTH DAKOTA

 

Does South Dakota require security deposits? 

South Dakota does not require security deposits, however, if accepted then there are laws and regulations.

 

Is a security deposit receipt required in South Dakota? 

No statute.  Landlords do not need to inform the tenant of the bank institution.

 

How much security deposit can a landlord charge in South Dakota? 

South Dakota states landlords cannot demand or receive a security deposit greater than 1 month’s rent.  Landlords can require a larger amount of security deposits if agreed in the lease “where special conditions pose a danger to the maintenance of the premises.”  (§§ 43-32-6.1)

 

 

Storage Requirements for Security Deposits in South Dakota: 

No Statute.

 

 

Can security deposits be commingled with other assets in South Dakota? 

Landlords can commingle deposits with their personal funds. Generally, it is good practice to keep personal finances separate from real estate for the simplicity of record keeping.

 

Do landlords have to pay interest on security deposits in South Dakota? 

Landords do not have to pay interest on deposits.  No statute is provided.

 

 

When must a landlord return the deposit by in South Dakota? 

Landlords must return the security deposits within 45 days after the termination of the lease and delivery of possession by tenant.  (§§ 43-32-24)

 

When can a landlord in South Dakota withhold a security deposit?

At the end of a lease, the landlord is required to return the tenant’s security deposit.  However, landlords may withhold all or portions of a tenant’s security deposit for (§§ 43-32-24):

 

  • Unpaid rent and/or fees
  • Damages beyond normal wear-and-tear

 

 

 

Nonrefundable fees: 

No Statute.

 

Pet Deposits and Additional Fees:

No Statute.

 

Require a written description / itemized list of damages and charges?

Landlords are required to provide a written and itemized list of damages if requested.  (§§ 43-32-24)

 

What happens to South Dakota landlords that fail to comply with returning the security deposit?

The landlord is liable to the tenant to (§§ 43-32-24):

  • Liable for punitive damages not to exceed $200

 

 

 

 

 

 

RENTAL AGREEMENT LAWS IN SOUTH DAKOTA

 

Rental agreements required in South Dakota:

Rental agreements are required for leases 12 months or longer.  We always recommend having a legal lease agreement to prevent future complications.

If you need a lease, Burbz offers an online South Dakota rental lease agreement.

 

What are the required lease provisions in South Dakota?

South Dakota requires certain provisions to be included in the lease agreement.  Besides both the landlord and tenant names, the landlord should also list:

  • Conditions of occupancy
  • Description of the rental unit
  • Provision defining automatic renewal
  • Late Fees and Penalties
  • Landlords name, address, and phone number
  • Rent Amount and Due Date.
  • Length of the lease agreement
  • Tenants name, address, and phone number
  • Landlord’s responsibilities for maintenance and utilities
  • Tenant’s responsibilities for maintenance and utilities
  • Occupancy by children or pets
  • Required deposits and the conditions for their refund
  • Inspection rights by the landlord
  • Other fees
  • Address of rental property
  • Security deposit amount and terms
  • Process for requesting maintenance and repairs
  • Subleasing policy
  • Pet policies
  • Cleaning Fees

 

 

 

What are the rental agreement notice requirements in South Dakota: 

Fixed-End or Year-to-Year: No statute as leases expire with fix-ended leases.  (§§ 43-32-22(1))  Any agreements longer than a year must be in a written contract.  (§§ 43-32-5)

Month-to-Month: Must provide at least 30 day’s written notice at any time.  Tenants have 15 days to provide notice of termination upon receiving notice from the landlord for a lease modification.  (§§ 43-32-13)  

Any active-duty military service members, and their immediate families, can provide a 60 day written notice. (§§ 43-8-8)  Read our guide on Month-to-Month rent.

Week-to-Week: Must provide at least 7 day’s written notice with the termination date specified in the notice. (§§ 43-32-15)

 

Rent Increase Notice:

Landlords must provide a 30 day written notice to increase the rent amount.  This only applies to tenancies that are month-to-month. (§§ 43-32-13)

 

Rent Grace Period for Residential:

South Dakota does not require grace periods.  Landlords may charge late fees as soon as rent is deemed late.

 

 

Prepaid Rent:

Landlords are allowed to collect prepaid rent, no statute defining the limits.

 

 

 

 

 

 

LATE FEES AND LIMITS IN SOUTH DAKOTA

Late Fees for Residential:

No specific limits are stated by South Dakota.  The landlord should state any penalties and fees in the lease agreement.

 

 

 

 

SOUTH DAKOTA LEASE TERMINATIONS / NOTICES TO QUIT

 

In South Dakota, lease agreements between landlords and tenants can be terminated.  Read our blog for landlords about handling early lease terminations.  Here are the cause and effects:

 

What is the Pay or Quit for Nonpayment requirement in South Dakota?

South Dakota allows the landlord to immediately begin the eviction process once rent is past due by providing a 3 day written notice.  Tenants can remedy by paying the full amount due before the expiration of the 3 days.  (§§ 21-16-1-(4))

 

 

How many days must a landlord allow before terminating for a Lease Violation?

No statute defines the exact notice duration required.  Landlords may terminate the lease if the tenant uses or permits use of the premises in a manner contrary to the lease agreement or does not make repairs they are responsible for.

 

 

What happens if a tenant holdovers past the expiration of the lease?

Landlords can provide a 3 day notice requiring the tenant to leave the premises.  (§§ 21-16-1-(5))

 

 

SOUTH DAKOTA LAWS ON REPAIRS

 

South Dakota requires landlords to provide a habitable property for tenants to live and enjoy.  There are specific provisions defining how tenants can remedy repairs if the landlord fails to do so. 

How many days must the tenant give for non-emergency repairs? 

South Dakota state landlords must be given ‘reasonable time’ to remedy the repairs after receiving notice.  (§§ 43-32-9)

 

Can tenants withhold rent for landlords’ failure to provide essential services (i.e. water, heat, etc.)?

South Dakota allows the tenant the following remedies to handle repairs if the landlord fails (§§ 43-32-9):

  • Repair and deduct the expense from rent
  • If repairs are greater than rent, provide written notice specifying the reason withholding rent and deposit in a separate bank account.

 

 

SOUTH DAKOTA LANDLORD LAWS AND RESPONSIBILITIES

 

Landlords have an obligation to the tenants, which include:

  • Remain in compliance with all applicable building and housing codes materially affecting health and safety
  • Make repairs to keep premises in a safe condition
  • Keep all common areas of the property in a clean and safe condition
  • Maintain in good and safe working order and condition electrical, plumbing, sanitary, HVAC, and other appliances

 

According to (§§ 43-32-8)

 

 

SOUTH DAKOTA TENANT LAWS AND RESPONSIBILITIES

 

Generally, tenants must dispose of all rubbish and garbage, refrain from unreasonable use of electrical, heating, and plumbing fixtures, meet all obligations lawfully by the code enforcement agency, refrain from willfully destroying or damaging the structure, take in additional occupants, rent or sublease without the owner’s consent. (§§ 43-32-10)

 

 

 

 

 

SOUTH DAKOTA EVICTION LAWS

 

Can landlords do a ‘self help’ eviction?

In South Dakota, it is illegal for landlords to cause the tenant to quit the rental unit involuntarily. Landlords that use forcible exclusion for an eviction are liable for a penalty of two times the damages, return of advance rent, and deposits.  (§§ 43-32-6)

 

 

Are landlords allowed to lockout tenants by changing locks?

The landlord cannot change or remove the doors or locks. (§§ 43-32-6)

 

Are landlords allowed to turn off utilities?

Landlords cannot turn off utilities. (§§ 43-32-6)

 

Do landlords have to make a reasonable attempt to mitigate damages when re-renting the rental unit?

No Statue.  Burbz encourages landlords do to their best.

 

 

 

SOUTH DAKOTA LAWS ON RETALIATION

 

South Dakota laws state a landlord cannot terminate a lease, refuse a lease renewal or raise rents when:

  • Tenant submitted, or threatened to, a complaint to the government agency for building or health code violation
  • Tenant has in goof faith complained to the landlord of a violation
  • Tenant has organized or joined a tenants’ union, or similar organization

New Jersey defines a period 180 days after an event that would result in retaliating actions. (§§ 43-32-27)

.

 

 

 

 

LAWS ON DOMESTIC VIOLENCE, SEXUAL MISCONDUCT, AND SEXUAL ASSAULT

Tenants that are victims of domestic or fear imminent domestic violence against them or their minor children may terminate a lease agreement, without penalty or liability.  Tenants must provide written notice, provide proof of a court order or protection order, and state the specific date the tenancy will terminate.  The tenant is responsible for the remainder of that month plus next month’s full rent.

If you are a victim, please search The South Dakota Coalition Ending Domestic and Sexual Violence site for a helpline:

  • National Domestic Violence Hotline: 1-800-799-7233
  • National Sexual Assault Hotline: 1-800-656-4673

 

 

 

SOUTH DAKOTA LAWS FOR LOCKS AND LANDLORDS

South Dakota does not have any statewide laws regarding locks for landlords.  The tenant cannot remove, replace or add a lock without the written permission from the landlord.  If the tenant does with permission, they must provide the landlord with a key. 

 

 

 

 

SOUTH DAKOTA PET LAWS & PET POLICIES

South Dakota Landlord-Tenant Laws does not have any specific pet laws.  Landlords are legally allowed to create their own pet policies and requirements.  Including tolerance for breeds, size, types, and more.  Read our guide to pet policies.

 

 

 

 

 

DO LANDLORDS IN SOUTH DAKOTA NEED A RENTAL LICENSE?

 

According to South Dakota Landlord-Tenant Laws, landlords do not need a rental license in South Dakota.

Landlords and owners of residential rental property do not need to register the property.  Local cities may have different requirements, we recommend you research the local city-specific laws.

 

 

 

 

 

NOTICE OF ENTRY LAWS IN SOUTH DAKOTA

Do landlords in South Dakota have to provide notice of entry? 

South Dakota requires the landlord to provide 24 hour notice, except in the case of emergency or reasonably believes the tenant has abandoned the property.  Landlords can only enter at reasonable times.  (§§ 43-32-32)

  • Non-emergency maintenance and repairs
  • Improvements to property
  • Inspections
  • Showing prospective tenants, contractors, mortgagees, or buyers.

 

When can a landlord enter without notice:

Landlords may enter due to an emergency.  (§§ 43-32-32)

 

 

Can landlords enter for non-emergency maintenance and repairs?

Yes, with proper notice 24 hours and performed at reasonable hours. (§§ 43-32-32)

 

 

Can landlords enter for showings?

Yes, with proper notice 24 hours and performed at reasonable hours. (§§ 43-32-32)

 

 

 

Can landlords enter for emergencies without notice?

Yes.  (§§ 43-32-32)

 

 

Can landlords enter during Tenant’s extended absence?

No statute.

 

 

Can landlords enter for pesticides?

No Statute.

 

 

 

 

 

SOUTH DAKOTA SUBLEASE AND ASSIGNMENT PROVISIONS

Landlords should include a clause in the lease agreement to prevent subleasing.  Otherwise, the tenant may sublet the rental unit.

 

 

 

 

TENANT ABANDONED PROPERTY IN SOUTH DAKOTA

 

South Dakota Landlord-Tenant Laws state a landlord must store personal property if the total estimated value is over $500.  Tenants have 30 days after the written request was mailed.  If less than $500 value, tenants only have 10 days before the property is considered abandoned.  (§§ 43-32-25) and (§§ 43-32-26)

 

 

 

 

REQUIRED RENTAL AGREEMENT DISCLOSURES FOR SOUTH DAKOTA LEASES

 

South Dakota Landlord-Tenant Laws requires the following be included with all Rental Agreement Disclosures:

 

Lead Paint Disclosure:  Yes.  Federal law requires every landlord to disclose known information on lead-based paint and hazards.  Landlords must provide this EPA-approved pamphlet.

Disclosure of Knowledge of Existence of Prior Manufacturing or Methamphetamines: Landlords must disclose if they have actual knowledge of any prior manufacturing of methamphetamines on the premises.  If the premise has 2 or more units, this only applies to the specific unit.  (§§ 43-32-30)

 

 

HELPFUL RESOURCES

S.D. Codified Laws Ann. §§ 43-32-1 thru 43-32-36 – Lease of Real Property

S.D. Codified Laws Ann. §§ 15-2-1 thru 15-2-36 – Limitation of Actions

S.D. Codified Laws Ann. §§ 21-16-1 thru 21-16-12 – Forcible Entry and Detainer

South Dakota Consumer Protection

U.S. Department of Housing and Urban Development – South Dakota

 

SOUTH DAKOTA RELATED COURT INFO & LINKS

 

South Dakota Small Claims Court Limits:

$12,000 is the limit for small claims court. 

 

South Dakota Eviction Cases Allowed in Small Claims:

No.  All eviction cases are heard at the circuit or magistrate courts.

South Dakota Unified Judicial System

South Dakota Attorney General

State Bar of South Dakota Bar

 

 

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