South Dakota landlord tenant law: the rules a landlord meets

South Dakota security deposit law

Most you can take

1 month’s rentSDCL 43-32-6.1A larger deposit may be agreed where special conditions pose a danger to maintenance of the premises.

Back to the tenant within

21 daysSDCL 43-32-2421 days after termination and receipt of the tenant's mailing address; an itemized accounting within 45 days if the tenant asks.

Rent and late fees

Late fee

No statute caps itNo statute sets this

South Dakota rent increase laws and rent control

Notice before a rent increase

30 daysS.D. Codified Laws §§ 43-32-13, 6-1-13For a month-to-month tenancy, written notice at least 30 days before the end of the month; the tenant may then end the lease by giving notice within 15 days. Local governments may not control rent on private residential property.

Rent control

Local rent control bannedS.D. Codified Laws §§ 43-32-13, 6-1-13

Entering the property: notice to the tenant

Notice before you enter

24 hoursSDCL 43-32-32

Ending a tenancy and eviction notices

Ending a month-to-month tenancy

30 daysSDCL 43-32-15Notice at least as long as the rental period, not exceeding one month, before the end of the period.

Unpaid rent

Could not be confirmedS.D. Codified Laws § 21-16-1(4); SL 2024, ch 75, § 1“no statutory notice (rent 3 days late)”No statutory right to pay and stayThe 3-day notice to quit in § 21-16-2 was repealed effective July 1, 2024, so the landlord may file once rent is three days late with no statutory notice, unless the lease requires one. The service field describes serving the summons and complaint.

Another breach of the lease

Could not be confirmedS.D. Codified Laws §§ 21-16-1(7), 43-32-18“no statutory notice”The statute does not say whether the breach can be fixedAn action lies when the tenant does or fails to do something that ends the lease under its own terms, or commits waste. No statutory notice or cure period applies; follow the lease.

Lockouts and shutoffs

Banned: lockouts and utility shutoffsS.D. Codified Laws § 43-32-6

The South Dakota eviction process, step by step

Disclosures a South Dakota lease has to carry

• A landlord who actually knows the premises (or, in a multi-unit building, the unit) were previously used to manufacture methamphetamine must disclose it to the tenant or prospective tenant. (SDCL 43-32-30)