South Dakota Landlord-Tenant Laws: Complete Guide for Property Owners
Comprehensive overview of South Dakota rental property laws including security deposits, eviction procedures, rent increases, required disclosures, and maint...
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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.
Key South Dakota Rental Laws at a Glance
Security Deposits South
Dakota limits residential security deposits to one month's rent, although a higher amount may be permitted when special conditions exist that could pose a danger to the premises — such as pets or other elevated risk factors.
Landlords must return the deposit within 14 days of the tenant vacating. If deductions are made, an itemized statement must be provided within 45 days upon the tenant's request. Allowable deductions include unpaid rent, damages beyond normal wear and tear, and cleaning costs.
For more detail, see our Security Deposits deep dive.
Rent Increases South Dakota does not impose any caps on rent increase amounts or frequency. Landlords may increase rent freely at the end of a lease term. For month-to-month tenancies, landlords must provide at least 30 days' written notice before a rent increase takes effect.
A tenant who receives a rent increase notice may terminate the tenancy effective on the first day of the next month by giving notice within 15 days of receiving the increase notification. Rent increases cannot be retaliatory.
For more detail, see our Rent Increases guide.
Eviction Procedures South Dakota's eviction laws were updated by Senate Bills 89 and 90, effective July 1, 2024, which streamlined the process for landlords.
Key Eviction Notice Periods
- Nonpayment of Rent — 3-day written notice to quit
- Lease Violations — Notice with reasonable time to cure
- Month-to-Month Termination — 15-day notice (reduced from 30 days as of July 2024)
- Illegal Activity — Immediate eviction notice with no cure period
SB 90 eliminated the prior requirement for a separate "Notice to Quit" and extended the tenant's time to respond to a Summons and Complaint from 4 days to 5 days.
For more detail, see our Eviction Process guide.
Required Disclosures South Dakota landlords must provide several mandatory disclosures:
- Methamphetamine Manufacturing — Landlords with actual knowledge that meth was previously manufactured on the premises must disclose this to tenants (SDCL §43-32-30)
- Lead-Based Paint — Required for properties built before 1978 (federal requirement)
- Property Manager Identity — Names and addresses of persons authorized to manage the property
- Entry Notice — Landlords must provide 24 hours' written notice before entry (presumed reasonable notice)
For more detail, see our Required Disclosures guide.
Maintenance and Habitability Under South Dakota's implied warranty of habitability (SDCL §43-32-8), landlords must keep rental premises and common areas in reasonable repair, fit for human habitation, and in good and safe working order. This obligation cannot be waived in the lease.
Key habitability requirements include:
- Structural integrity and weather protection
- Functioning plumbing, electrical, and heating systems
- Hot and cold running water
- Proper sanitation and ventilation
- Freedom from environmental hazards
If a landlord fails to make repairs after reasonable notice, tenants may repair and deduct from rent or vacate the premises entirely (SDCL §43-32-9).
For more detail, see our Maintenance Obligations guide.
Lease Requirements South Dakota permits both written and oral lease agreements:
- Oral leases are valid for terms of one year or less
- Written leases are required for terms longer than one year (SDCL §43-32-5)
While oral agreements are legally enforceable, written leases are strongly recommended to clearly document terms and obligations.
For more detail, see our Lease Requirements guide.
Late Fees South Dakota does not set a statutory cap on late fees, but any fees must be reasonable and not punitive. Common practice is to charge between 5% and 10% of monthly rent. There is no mandatory grace period under state law. Landlords may also charge $30–$40 for bounced checks (NSF fees).
For more detail, see our Late Fees guide.
Notable Local Ordinances South Dakota is largely preemptive at the state level, and local municipalities generally do not impose additional landlord-tenant regulations. Key cities like Sioux Falls and Rapid City follow state law without significant local additions. However, landlords should always verify local building codes and housing standards.
Getting Started with Compliance
Managing compliance across South Dakota's regulatory requirements can be streamlined with the right tools. Landager helps landlords track their compliance status, manage lease terms, set deposit return reminders, and stay updated when regulations change.
Explore more South Dakota compliance topics:
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