South Dakota Landlord-Tenant Laws: 2024 Complete Guide

South Dakota underwent significant landlord-tenant law reforms in July 2024. These changes, primarily driven by Senate Bills 89 and 90, streamlined the eviction process and updated timelines for security deposits and lease terminations.

Key South Dakota Rental Laws (2024 Updates)

1. Security Deposits

South Dakota has moved to a more standard timeline for deposits:

• The Limit: Standard residential deposits are capped at one month's rent, unless a higher amount is justified by "special conditions" (e.g., pets or high-risk features).
• The Deadline: As of 2024, the deadline to return the deposit and an itemized list of any deductions is 21 days after the tenancy ends (SDCL § 43-32-24).
• Withholding: Deductions are allowed for unpaid rent, damages beyond wear and tear, and cleaning.

2. 2024 Eviction Reforms (SB 89 & SB 90)

The most significant change for South Dakota property managers:

• Repeal of the 3-Day Notice: For nonpayment of rent, the landlord no longer needs to wait 3 days. You can file a Summons and Complaint the day after the rent is due and unpaid.
• Service Rules: If a tenant cannot be found, "substituted service" (posting) is now more efficient, provided specific criteria are met.
• Tenant Response: Tenants generally have between 4 and 30 days to respond to a summons, as determined by the court.

3. Lease Terminations and Rent Increases

• Month-to-Month Termination: The notice period for terminating a month-to-month tenancy has been reduced from 30 days to 15 days (SB 89).
• Rent Increases: Landlords must still provide 30 days' written notice for rent increases.
• Tenant's Right to Terminate: If a tenant receives a rent increase notice, they can choose to terminate the lease by giving notice within 15 days of receiving the increase.

4. Maintenance and Habitability

South Dakota landlords are bound by the implied warranty of habitability (SDCL § 43-32-8). You must keep the unit fit for human habitation and in good repair.

• Repair and Deduct: If a landlord fails to make essential repairs (heat, water) after notice, the tenant may perform the repair and deduct the cost from rent, or terminate the lease entirely (SDCL § 43-32-9).

5. Required Disclosures

• Methamphetamine: If the landlord has actual knowledge that meth was previously manufactured in the unit, they must disclose it in writing (SDCL § 43-32-30).
• Landlord Identity: The name and address of the owner or property manager must be disclosed to the tenant.

Best Practices

1. Update Your Forms: Ensure your "Notice of Rent Increase" and "Termination of Tenancy" forms reflect the new 15-day and 30-day rules.
2. Track the 21-Day Clock: Set an automated reminder in Landager for the 21-day deposit return deadline to avoid potential double-damage penalties.
3. Verify Local Codes: While state law preempts most areas, cities like Sioux Falls have specific building codes regarding smoke detectors and egress.

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