South Dakota Landlord Required Disclosures: Complete Checklist
Complete guide to mandatory disclosures for SD landlords including methamphetamine, lead paint, and the 2024 forwarding address confidentiality rules.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Rooted in the property rights established by the South Dakota Constitution (effective 1889), South Dakota law requires landlords to provide specific information to tenants to ensure transparency regarding property management and potential health hazards. While the list is shorter than in some states, failure to disclose these items can lead to lease termination or civil penalties.
1. Methamphetamine Manufacturing Disclosure (SDCL § 43-32-30)
In any hiring of a residential premises, any lessor who has actual knowledge of the existence of any prior manufacturing of methamphetamines on the premises shall disclose that information to any lessee or any person who may become a lessee.
- Scope: If the residential premises consists of two or more housing units, the disclosure requirements provided by this section only apply to the unit where there is knowledge of the existence of any prior manufacturing of methamphetamines.
- Standard: The law requires "actual knowledge." Landlords are not required to conduct independent testing or background checks to uncover hidden history.
2. Landlord Entry and Notice (SDCL § 43-32-32)
Except in case of an emergency or if it is impracticable to do so, a landlord or landlord's agent shall give the tenant reasonable notice of the landlord's intent to enter and enter only at reasonable times.
- 24-Hour Presumption: Twenty-four hours written notice is presumed to be a reasonable notice unless alternate methods of notification or times for entry are mutually agreed upon between the landlord and tenant in the lease.
- Notice Requirements: The notice shall specify the date or dates of entry, a period of time during normal business hours for entry, and the purpose of intended entry.
- Rescheduling: The notice shall also specify a means for which the tenant may request to reschedule the entry.
3. Limited Forwarding Address Confidentiality (SDCL § 43-32-19.2)
If in accordance with a termination authorized by SDCL § 43-32-19.1 (related to domestic abuse, sexual assault, or stalking) a tenant provides to the landlord a forwarding address or other contact information, the landlord may not disclose that information to any person except with the consent of the tenant or as required by law.
Note: SDCL § 43-32-24.1 applies only to commercial premises and does not govern general residential forwarding address privacy.
4. Federal Lead-Based Paint Disclosure (42 U.S.C. § 4852d)
For any residential property built before 1978, landlords must:
- Provide the EPA-approved pamphlet "Protect Your Family from Lead in Your Home."
- Disclose any known lead-based paint or hazards.
- Include a Lead Warning Statement in the lease signed by the tenant.
Best Practices
- Include Disclosures in the Lease: Incorporate the Meth disclosure directly as a lease addendum to ensure a clear paper trail.
- Document the 24-Hour Notice: Ensure your entry notices specify the date, time window, purpose, and a way for the tenant to reschedule as required by SDCL § 43-32-32.
- Privacy Training: Ensure your property management staff knows that sharing a former tenant's forwarding address is a violation of state law if that tenant is a victim of domestic abuse, sexual assault, or stalking (SDCL § 43-32-19.2).
Frequently Asked Questions
▶What disclosures must South Dakota landlords provide to tenants?
South Dakota landlords must provide certain disclosures to tenants before or at the time of lease signing. Common required disclosures include lead-based paint hazards (for pre-1978 buildings, a federal requirement), the identity of the landlord or property manager, and any known material defects in the property. Additional state-specific disclosures may include flood risk, mold hazards, and environmental conditions.
▶What are the South Dakota landlord-tenant laws every property owner should know?
South Dakota offers a relatively landlord-friendly regulatory environment compared to many other states. The state's landlord-tenant laws are primarily codified in SDCL Chapter 43-32, and recent legislative changes effective July 1, 2024, have further streamlined eviction procedures for property owners. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What is the South Dakota eviction process and how long does it take?
The South Dakota eviction process requires landlords to provide written notice to tenants before filing a court action. The type and length of notice depends on the reason for eviction — typically shorter for non-payment of rent and longer for lease violations or no-fault terminations. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in South Dakota. The full court process varies but typically takes several weeks.
Read the complete guide▶What are the South Dakota security deposit rules and return deadlines?
South Dakota has specific rules governing how much landlords can charge for security deposits, how deposits must be held, and the deadline for returning deposits after a tenant moves out. Landlords must provide an itemized statement of any deductions made from the deposit. Failure to comply with deposit return deadlines can result in penalties and the forfeiture of the landlord's right to claim deductions.
Read the complete guide▶What are the South Dakota rent increase laws and caps for landlords?
South Dakota has specific rules governing when and how landlords can increase rent. During a fixed-term lease, rent generally cannot be increased unless the lease explicitly allows it. For month-to-month tenancies, landlords must provide proper written notice before an increase takes effect. Check whether South Dakota has any local rent control ordinances that may impose additional caps or requirements.
Read the complete guide▶What is the grace period for late rent in South Dakota?
South Dakota has specific rules regarding grace periods for late rent and the amount that can be charged as a late fee. Late fee provisions must be stated in the lease agreement, and fees must be reasonable. Check South Dakota state law and any applicable local ordinances for the exact grace period and late fee limits that apply to your rental property.
Read the complete guide▶What are the South Dakota lease requirements for rental properties?
South Dakota recognizes both written and oral leases, though written leases are strongly recommended for terms longer than one year. Lease agreements should include the rent amount, payment due date, security deposit terms, maintenance responsibilities, and rules regarding entry, pets, and subletting. Certain lease clauses that waive tenant statutory rights may be void and unenforceable under South Dakota law.
Read the complete guide▶What are South Dakota landlord maintenance obligations and habitability standards?
South Dakota landlords must maintain rental properties in a condition that is fit for habitation and complies with applicable building, housing, and health codes. This includes maintaining structural integrity, plumbing, heating and cooling systems, electrical systems, and pest control. Tenants typically have the right to request repairs in writing, and if repairs are not made within a reasonable time, tenants may have legal remedies available.
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