State Rules and Regulations for South Dakota Rental Properties and Landlords

In South Dakota, if rent is exchanged for inhabiting a property, then a lease agreement exists. According to South Dakota law, (SDC 1939, § 38.0401) tenants have certain rights such as the right to a habitable dwelling and the right to due process for eviction proceedings.

Landlords also have certain rights, including the right to collect rent in a timely manner and the right to deduct for costs from damages that exceed wear and tear.

South Dakota Official Rules and Regulations

South Dakota Security Deposit Limit and Return

  • Maximum Security Deposit Amount: Yes. A landlord is permitted to charge a tenant a sum equal to one month’s rent. However, a landlord may charge a higher deposit if special circumstances pose a potential danger to the premises’ maintenance. SDCL §§ 43.32-6.1 and 43-32-24.
  • Return of Security Deposit: A landlord is required to return a tenant’s security deposit within two weeks after the tenant has moved out of the premises. Within that two week period, the landlord is required to return all of the security deposit or a portion of the security deposit. SDCL §§ 43.32-6.1 and 43-32-24.
  • Deductions from Security Deposit: A landlord must give the tenant an explanation as to why any deductions were taken out. Should the tenant request a written and itemized accounting of the deductions, a landlord must provide this information with 45 days of the tenant’s request. SDCL §§ 43.32-6.1 and 43-32-24.
  • Additional Requirements: Not at the state level. But, we recommend that you check your local municipality for any further laws and regulations concerning security deposits.

Lease, Rent & Fees Under South Dakota Law

  • Rent Is Due: Rent is due in month-long increments at the end of each month (§§ 43-32-12).
  • Rent Increase Notice: 30-day written notice is required (§§ 43-32-13).
  • Rent Grace Period: No statute.
  • Late Fees: No statute. Any provision for charging late fees must be specified in the lease.
  • Prepaid Rent: No statute.
  • Returned Check Fees: $40. Statute requires notice of returned check fee policy to be conspicuously posted or provided in a written statement. (§§ 57A-3-421)
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Statute doesn’t specifically allow withholding rent for failure to provide essential services, but does allow for withholding rent when there are conditions that make the premises unfit for habitation, with written notice and giving the landlord reasonable time to remedy. (§§ 43-32-9)
  • Tenant Allowed to Repair and Deduct Rent: Yes. Tenant must first give written notice specifying conditions that require repair in order to make the premises fit for habitation. If the landlord doesn’t make the repair in a reasonable amount of time, the tenant can do the repair and deduct the cost from the rent. For repairs requiring more than one month’s rent, tenant may, after giving written notice specifying the reason, withhold the rent and instead deposit it in a separate bank account, and give the landlord written proof of each deposit. If the landlord does the repair, the tenant must release the withheld rent to the landlord. If the repair hasn’t been done, and enough money has been paid into the account for the repair to be done, the tenant may pay for the repair from the account. (§§ 43-32-9)
  • Landlord Allowed to Recover Court and Attorney Fees: No statute.
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: No statute.
  • Abandonment/Early Termination Fee: No statute.

Evictions in South Dakota

Landlords may terminate a lease agreement for any of the following reasons:

  1. Nonpayment of rent – if a tenant fails to pay rent by the date then after any applicable grace period outlined in the lease the landlord may issue a 3-Day Notice to Pay or Quit. If the tenant fails to pay then the landlord can begin eviction proceedings.
  2. Lease violation – In the case of a lease violation, landlords may issue a 3-Day Notice to Quit. Landlords are not required by law to give tenants a chance to remedy the behavior. Either way, if the tenant does not move out or fix the behavior then the landlord can file for eviction.
  3. Illegal acts – South Dakota landlords can decide which illegal activities warrant eviction. If illegal activity on the premises occurs, landlords can issue a 3-Day Notice to Quit.

At-will tenants (tenants without a lease agreement, are entitled to receive at least 30 days advance notice before being evicted. Landlords can also not evict tenants as a form of retaliation or for discriminatory reasons.

Notices and Entry Under South Dakota Law

  • Notice to Terminate Tenancy – Fixed End Date in Lease: Notice is not required, as the lease simply terminates on the date agreed to in the lease (§§ 43-32-22(1)).
  • Notice to Terminate Tenancy – Yearly Lease with No End Date: Any rental agreement for a period longer than a year must be agreed to in writing. (§§ 43-32-5)
  • Notice to Terminate Tenancy – Month-to-Month Lease: 30-day written notice required. The tenant may give notice to terminate the lease effective the first day of the next month within 15 days of receiving notice from the landlord of a modification to the lease. Tenants at will who are active military servicemembers, and their immediate family, are entitled to two months’ written notice. See §§ 43-8-8 for restrictions. (§§ 43-32-13 and §§ 43-8-8)
  • Notice to Terminate Tenancy – Week-to-Week Lease: If no end date is specified in the agreement, one-week notice required to terminate (§§ 43-32-15).
  • Termination of Tenancy with 24 Hours Notice: Landlords may start the eviction process immediately and without notice if the tenant “commits waste” upon the premises, or does or fails to do anything that is grounds for termination under the lease (§§ 21-16-1(7)).
  • Notice of Date/Time of Move-Out Inspection: No statute.
  • Notice of Termination of Week-to-Week Leases for Nonpayment: For lease periods shorter than a month, rent is due at the end of the period. Landlords can start eviction if rent is three days past due (§§ 43-32-12 and §§ 21-16-1(4)).
  • Notice of Termination of All Other Leases for Nonpayment: Landlords may start eviction if rent is three days past due (§§ 21-16-1(4)).
  • ermination for Lease Violation: Landlords may terminate the lease before the end of the term if the tenant allows the premises to be used in a way that violates the lease, or if the tenant doesn’t make any requested repairs for which the tenant is responsible to make (§§ 43-32-18).
  • Required Notice before Entry: Reasonable notice of at least 24 hours required in writing, specifying the reason for entry, the date or dates and time of entry during business hours, and providing the tenant an opportunity to reschedule (§§ 43-32-32).
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Reasonable notice of at least 24 hours required in writing, specifying the reason for entry, the date or dates and time of entry during business hours, and providing the tenant an opportunity to reschedule (§§ 43-32-32).
  • Entry Allowed with Notice for Showings: Reasonable notice of at least 24 hours required in writing, specifying the reason for entry, the date or dates and time of entry during business hours, and providing the tenant an opportunity to reschedule (§§ 43-32-32).
  • Emergency Entry Allowed without Notice: Notice not required in cases of emergency (§§ 43-32-32).
  • Entry Allowed During Tenant’s Extended Absence: No statute.
  • Notice to Tenants for Pesticide Use: No statute.
  • Lockouts Allowed: No (§§ 43-32-6).
  • Utility Shut-offs Allowed: No (§§ 43-32-6).

Housing Discrimination in South Dakota

Protected groups. The Fair Housing Act makes it illegal to discriminate against tenants based on their race, color, national origin, sex, familial status, religion, or disability. These standards do not apply to homes operated by religious organizations or owner-occupied homes. South Dakota has no further civil rights protections for other groups.

Discriminatory acts & penalties. The state government does not have a department that handles discrimination in housing. The Attorney General of the state is tasked with enforcing these standards though tenants can file a complaint with the federal Department of Housing and Urban Development. Penalties and activities considered discriminatory are made on a case-by-case legal basis.

Helpful Links

State Agencies & Regulatory Bodies

Housing Authorities

Realtor and Landlord Associations

 

These resources are for informational purposes only and should not be construed as legal advice. Landlords and Tenants are encouraged to seek specific legal advice for any of the issues as found in this blog.

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