South Dakota
This article provides a quick overview of some key South Dakota Landlord-Tenant laws applicable to residential rental units. We’ve used the Official South Dakota Statutes cited below to research this information and it should be a good starting point in learning about the law.
South Dakota Commercial Lease Agreement
South Dakota Landlord Tenant Key Rules
Official South Dakota Forms:
Security Deposit
| RULE | TOPIC |
| Security Deposit Maximum: | Any deposit of money intended to ensure the performance of a residential rental agreement, or any portion of it, is considered a security deposit. A landlord (lessor) may not require or accept a security deposit, under any name, that exceeds the value of one month’s rent. A higher deposit may be agreed upon if special conditions exist that could jeopardize the maintenance of the premises. S.D. Codified Laws § 43-32-6.1 |
| Security Deposit Interest: | No statute. |
| Separate Security Deposit Bank Account: | No statute. |
| Non-refundable fees: | No statute. |
| Pet Deposits and Additional Fees: | No statute. |
| Deadline for Returning Security Deposit: | Every lessor will return the security deposit to the tenant, or furnish to the tenant, a written statement showing the specific reason for the withholding of the deposit or any portion thereof within two weeks after the termination of the tenancy and receipt of the tenant’s mailing address or delivery instructions. S.D. Codified Laws § 43-32-24 |
| Permitted Uses of the Deposit: | The lessor may withhold from the security deposit only such amounts as are reasonably necessary to remedy tenant defaults in the payment of rent or of other funds due to the landlord pursuant to an agreement or to restore the premises to their condition at the commencement of the tenancy. This includes ordinary wear and tear excepted. S.D. Codified Laws § 43-32-24 |
| Security Deposit can be Withheld: | The lessor may withhold from the security deposit only such amounts as are reasonably necessary to remedy tenant defaults in the payment of rent or of other funds due to the landlord pursuant to an agreement or to restore the premises to their condition at the commencement of the tenancy. This includes ordinary wear and tear excepted. S.D. Codified Laws § 43-32-24 |
| Require Written Description/Itemized List of Damages and Charges: | Within forty-five days after termination of the tenancy, upon request of the lessee, the lessor must provide the lessee with an itemized list of any deposit withheld. S.D. Codified Laws § 43-32-24 |
| Receipt of Security Deposit: | No statute. |
| Record Keeping of Deposit Withholdings: | No statute. |
| Failure to Comply: | A lessor of residential premises who fails to comply with this section forfeits the right to withhold any portion of the deposit. If the lessor retains the deposit in bad faith, including failure to provide the required written statement and itemized accounting, they can be liable for punitive damages up to and including $200. S.D. Codified Laws § 43-32-24 |
Lease, Rent & Fees
| TOPIC | RULE |
| Rent is Due: | Rent is due on a monthly basis at the end of each billing cycle (month). S.D. Codified Laws § 43-32-12 |
| Payment Methods: | There is no requirement for a specific payment method for rent. |
| Rent Increase Notice: | Lessors must provide lessees with written notice at least 30 days before increasing rent for month-to-month leases. The notice must be given when rent is due. S.D. Codified Laws § 43-32-13 |
| Late Fees: | No statute. However, lessors may add language regarding late fees in the lease. |
| Application Fees: | No statute. However, any fees must be within reason and non-refundable. |
| Prepaid Rent: | No statute. |
| Returned Check Fees: | Returned check fees cannot exceed $40.00. Written notice of the fee must be provided to the lessee. S.D. Codified Laws § 57A-3-422 |
| Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): | The lessee is permitted to withhold rent when specific conditions are met. S.D. Codified Laws § 43-32-27 |
| Tenant Allowed to Repair and Deduct Rent: | The lessee may make repairs himself and deduct the expense of such repairs from the rent, or otherwise recover it from the lessor; or the lessee may vacate the premises, in which case he shall be discharged from additional charges of rent or performance of other conditions if the lessor fails to repair in a timely manner. S.D. Codified Laws § 43-32-9 |
| Self-Help Evictions: | No statute. |
| Landlord Allowed to Recover Court and Attorney’s Fees: | No statute. |
| Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent: | No statute. |
Notices and Entry
| TOPIC | RULE |
| Notice to Terminate Tenancy: | Notice is not typically required as the lease simply terminates on the date agreed to by both parties in the lease. S.D. Codified Laws § 43-32-22 |
| Notice to Terminate a Periodic Lease – Month-to-Month: | For a month to month lease, the landlord may, upon giving notice in writing at least thirty (30) days before the expiration of the month, modify the terms of the lease to take effect at the expiration of the month. S.D. Codified Laws § 43-32-13 |
| Notice to Terminate a Periodic Lease – Week-to-week: | One week of notice is required if not otherwise specified in the lease terms. S.D. Codified Laws § 43-32-15 |
| Notice to Terminate Lease due to Sale of Property: | Landlords must give notice that a tenant must be removed from the premises within a period, specified in the notice, of not less than fifteen days. S.D. Codified Laws § 43-8-8 |
| Notice of date/time of Move-Out Inspection: | No statute. |
| Notice of Termination for Nonpayment: | Landlords have the right to start the eviction process if rent is past due by a minimum of three (3) days. S.D. Codified Laws § 21-16-1 |
| Notice for Lease Violation: | Landlords have the right to terminate a lease before the end of its term if the tenant uses the premises in a manner that violates the terms of the lease agreement. If the tenant fails to make any necessary repairs that they are responsible for, as outlined in the lease, the landlord may also terminate the lease. S.D. Codified Laws § 43-32-18 |
| Required Notice before Entry: | Landlords are required to give notice of at least 24 hours required in writing to the tenant, The reason for entry, the date or dates and time of entry during business hours, and providing the tenant an opportunity to reschedule must be included. S.D. Codified Laws § 43-32-32 |
| Entry Allowed with Notice for Maintenance and Repairs: | Landlords are required to give notice of at least 24 hours required in writing to the tenant, The reason for entry, the date or dates and time of entry during business hours, and providing the tenant an opportunity to reschedule must be included. S.D. Codified Laws § 43-32-32 |
| Emergency Entry Allowed without Notice: | Notice is not required in cases of emergencies. S.D. Codified Laws § 43-32-32 |
| Entry Allowed During Tenant’s Extended Absence: | No statute. |
| Entry Allowed with Notice for Showing the Property: | Landlords are required to give notice of at least 24 hours required in writing to the tenant, The reason for entry, the date or dates and time of entry during business hours, and providing the tenant an opportunity to reschedule must be included. S.D. Codified Laws § 43-32-32 |
| Notice to Tenants for Pesticide Use: | No statute. |
| Lockouts Allowed: | Lockouts are not permitted. S.D. Codified Laws § 43-32-6 |
| Utility Shut-offs Allowed: | Landlords are not permitted to shut-off utilities. S.D. Codified Laws § 43-32-6 |
| Electronic Notices Allowed: | no |
Disclosures
- Name and Addresses: Landlord must disclose name and address of owner and manager. (S.D. Codified Laws § 43-32-2)
- Copy of the Lease: Tenant must be provided with a copy of the lease. (Standard practice)
- Domestic Violence Situations: Victims may terminate lease with protection order. (S.D. Codified Laws § 43-32-19.1)
Duties
Landlord’s Duties
- Compliance: Must comply with applicable housing codes. (S.D. Codified Laws § 43-32-8)
- Repairs: Maintain premises in habitable condition. (S.D. Codified Laws § 43-32-8)
- Common Areas: Keep clean and safe. (Common law)
- Maintenance: Ensure systems are in good working order. (S.D. Codified Laws § 43-32-8)
- Garbage: Provide appropriate disposal. (Common practice)
Tenant’s Duties
- Cleanliness: Maintain unit clean. (Common law)
- Trash: Dispose properly. (Common law)
- Plumbing: Use fixtures reasonably. (Common law)
- Appliances: Use reasonably. (Common law)
- Damage: Avoid damage. (S.D. Codified Laws § 43-32-9)
- Quiet Enjoyment: Do not disturb others. (Common law)
- Subleasing: Permitted if lease allows. (Lease-specific)
- Retaliation: Not permitted. (S.D. Codified Laws § 43-32-27)
- Lead Disclosure: Required by federal law.