Renter rights by state

South Dakota renter rights: the basics for first-time renters

Last reviewed: October 2026 · First Apartment Kit

South Dakota's landlord-tenant rules are mainly in SDCL Chapter 43-32 (Lease of Real Property), with eviction (“forcible entry and detainer”) in Chapter 21-16. This guide summarizes those statutes as published by the South Dakota Legislature, along with the Attorney General's Consumer Protection landlord/tenant page. Parts of that page predate 2024 changes to eviction law, so where they differ we follow the current statutes.

Quick facts

Quick facts are simplified. Read the sections below for exceptions, and check your city or county too.

Security deposits

• Cap: no more than one month's rent, unless you and the landlord agree to more because special conditions pose a danger to the upkeep of the property. The AG gives a pet deposit as an example.
• Deductions: only what's reasonably needed to cover unpaid rent or other money owed under an agreement, and to restore the unit to its move-in condition, minus ordinary wear and tear.
• Return: within 21 days after the tenancy ends and the landlord receives your mailing address or delivery instructions, the landlord must return the deposit or give you a written statement of the specific reasons for keeping any of it.
• Itemized accounting: if you ask, the landlord must provide one within 45 days after the tenancy ends.
• Penalty: a landlord who doesn't follow these rules loses the right to keep any of the deposit. Bad-faith retention can add punitive damages of up to $200.

Rent increases and late fees

South Dakota law doesn't cap rent or late fees, so your lease controls. In a month-to-month tenancy, the landlord can change the rent or other terms with written notice at least 30 days before the end of the month. If you get that notice, you can end the lease effective the first of the next month by notifying the landlord within 15 days of receiving it.

Ending a month-to-month tenancy

A fixed-term lease generally sets its own notice rules or simply expires, so read yours carefully. For month-to-month tenancies, the Attorney General's guide says notice must be given at least one full rental period before the last day. For example, to leave at the end of June when rent is due on the 1st, notify the landlord by May 31. The landlord must generally give the same notice unless it's an eviction. Separately, state law lets a landlord end a residential tenancy at will with at least 15 days' notice, or two months for households with someone on active military service (with exceptions). Check your lease and get advice if you get a short notice.

Domestic abuse, sexual offenses, stalking: you can end your lease early without penalty by giving written notice that you fear imminent danger, attaching a recent police report, protection order, or qualifying health care provider statement (dated within the past 30 days).

You can also end a lease if the landlord doesn't make needed repairs or secure your possession within a reasonable time after a written request, or if most of the unit is destroyed through no ordinary negligence of yours.

When the landlord can come in

Except in an emergency or when it's impracticable, the landlord must give reasonable notice and enter only at reasonable times. 24 hours' written notice is presumed reasonable unless your lease sets different terms. The notice must give the date, a time window during normal business hours, the purpose, and a way for you to ask to reschedule.

Repairs and living conditions

The landlord must keep the unit and common areas in reasonable repair and fit to live in, and maintain electrical, plumbing, and heating systems in good and safe working order, except for damage you caused. These duties can't be waived, although you can agree to do specific repairs in exchange for rent.

If the landlord doesn't make needed repairs within a reasonable time after notice (the AG recommends written notice with a specific deadline), you can:

• repair and deduct: make the repairs and deduct the cost from rent (or recover it from the landlord);
• move out, and be released from further rent and lease obligations; or
• if repairs would cost more than one month's rent, give written notice stating why and then deposit your rent in a separate bank account used only for the repairs, showing the landlord proof of the deposit.

Eviction basics

A landlord can bring an eviction case if you fail to pay rent for three days after it's due, hold over after your lease ends, or break lease terms that end the lease. The old statute requiring a separate three-day notice to quit was repealed in 2024. The AG's page still describes that notice, so ask the court or a lawyer if you're unsure what notice applies.

Court: the case starts with a summons and verified complaint. The server must make at least two attempts, a week apart. You have 5 days after service to appear and file a written answer; a phone call or letter isn't an answer. If you answer, the trial can be set on two days' notice. Continuances over 14 days require you to post security for rent. Eviction orders can only be carried out in the daytime.

No lockouts or shutoffs: if a landlord unlawfully removes or excludes you, or cuts electricity, gas, water, or other essential services, you can go to court or end the lease, and recover two months' rent plus the return of advance rent and your deposit.

Retaliation and discrimination

Retaliation: a landlord can't raise rent above fair market value, cut utility services, or give you a notice to vacate (unless it's based on a lease breach) because you complained in good faith to a code-enforcement agency, gave written notice asking for repairs, or joined a tenants' organization. It's a defense for the landlord if the notice came more than 180 days after your action. Not renewing a written lease isn't retaliation. Remedies are the same as for a lockout, plus possible attorney's fees.

Discrimination: SDCL 20-13-20 bans housing discrimination based on race, color, creed, religion, sex, ancestry, disability, familial status, or national origin. The state Division of Human Rights takes complaints.

City and county rules

Your city may have its own housing, health, or building codes. The Attorney General suggests contacting your local building inspector or health department about health and safety problems.

Move-in checklist for South Dakota renters

• ☐ Get a written lease and read all of it before signing
• ☐ Get a receipt for the deposit and any move-in money
• ☐ Photograph every room, dated, before you unpack
• ☐ Fill out (or write your own) move-in condition list and keep a copy
• ☐ Note the rent due date, grace period, and late fee
• ☐ Write down how to request repairs, and do it in writing
• ☐ Save the landlord's legal name and address for notices
• ☐ Put your notice deadline for moving out in your calendar

Still apartment hunting? Our list of questions to ask a landlord before signing a lease covers deposits, fees, repairs, and move-out rules you will want answered in writing.

Where to get help in South Dakota

• SD Attorney General — Consumer Protection: Landlord/Tenant — state guide (some eviction details predate 2024 law changes); 1-800-300-1986.
• SD Division of Human Rights — housing discrimination complaints.
• South Dakota Unified Judicial System — court information, forms, and small claims.
• Find free legal aid near you — the federal Legal Services Corporation's directory of local legal aid offices.
• File a housing discrimination complaint with HUD — the federal fair housing agency.

Official sources

These are the official state law and government pages we checked for every fact on this page. The law itself controls if anything here differs.

• SDCL 43-32-6, Lockouts and utility shutoffs
• SDCL 43-32-6.1, Security deposit limit
• SDCL 43-32-8, Landlord duty to repair
• SDCL 43-32-9, Tenant repair remedies
• SDCL 43-32-13, Changing month-to-month terms
• SDCL 43-32-19 and 19.1, Tenant early termination
• SDCL 43-32-24, Return of security deposit
• SDCL 43-32-27 and 28, Retaliation
• SDCL 43-32-32, Notice of entry
• SDCL 43-8-8, Ending a tenancy at will
• SDCL Chapter 21-16, Forcible entry and detainer (21-16-1, 6, 7, 8)
• SDCL 20-13-20, Housing discrimination
• SD Attorney General — Landlord/Tenant

Not legal advice; laws change and cities may add rules. Check the official sources below or a local legal aid office. This page is a plain-language summary written by First Apartment Kit, not the law itself. Last reviewed: October 2026.

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