South Dakota Tenant Resources
Your comprehensive guide to rental laws, guidelines and advocacy in South Dakota
What are the late fee regulations in South Dakota?
South Dakota law does not set specific limits on late fees, but they must be reasonable and clearly stated in the lease agreement. The South Dakota Codified Laws require that any late fee policy must be explicitly outlined in the written lease. While there is no statutory maximum, courts generally consider late fees reasonable if they are proportional to the actual costs incurred by the landlord due to late payment. Late fees can only be charged after rent is past due according to the terms specified in the lease agreement.
What are the rules for security deposits in South Dakota?
Under South Dakota law (SDCL § 43-32-24), security deposits are limited to one month's rent for unfurnished units and one and one-half month's rent for furnished units. Landlords must return deposits within two weeks of lease termination and provide an itemized list of any deductions. Security deposits must be handled in good faith and can be used for unpaid rent, damages beyond normal wear and tear, and other lease violations. If the landlord fails to comply with these requirements, they may be liable for the full deposit amount plus damages.
What are the eviction rules and tenant protections in South Dakota?
South Dakota requires: 1) 3-day notice for non-payment of rent (SDCL § 21-16-1(4)), 2) No specific notice period for lease violations, but reasonable notice is required, 3) 30-day notice for month-to-month termination. Self-help eviction is prohibited by law. Landlords must follow proper legal procedures through the court system. South Dakota law provides protections for victims of domestic violence under SDCL § 43-32-45. Tenants must continue paying rent during disputes unless authorized by court order. All notices must be properly served according to state law requirements.
What are the maintenance requirements for landlords in South Dakota?
South Dakota law requires landlords to maintain rental properties according to SDCL § 43-32-8. Requirements include: 1) Maintaining essential services including electrical, plumbing, heating systems (air conditioning is not legally required), 2) Keeping the property structurally sound and weatherproof, 3) Maintaining common areas in a safe and clean condition, 4) Providing proper waste disposal, 5) Complying with applicable building and housing codes. Tenants must provide written notice of needed repairs. Landlords must make repairs within a reasonable time after receiving notice. If repairs aren't made, tenants may terminate the lease with proper notice or pursue legal remedies under SDCL § 43-32-9.
What notice is required for landlord entry in South Dakota?
Under South Dakota law (SDCL § 43-32-32), landlords must provide reasonable notice before entering a rental unit, except in emergencies. While the law doesn't specify exact hours, entry should be at reasonable times (typically 9 AM to 6 PM unless otherwise agreed). The notice should specify the purpose of entry and approximate time. Valid reasons for entry include repairs, inspections, or showing the unit to prospective tenants/buyers. Tenants cannot unreasonably withhold consent to enter. The law protects tenants' right to quiet enjoyment, and landlords cannot abuse their right of access or use it to harass tenants. Violations may be grounds for lease termination or legal action.
What are the rules for rent increases in South Dakota?
In South Dakota, for month-to-month tenancies, landlords must provide at least 30 days' written notice before increasing rent (SDCL § 43-32-13). For fixed-term leases, rent can only be increased at the end of the lease term unless the lease specifically allows for increases during the term. South Dakota has no state-wide rent control laws, but increases cannot be retaliatory or discriminatory. The notice must be in writing and properly delivered to the tenant. Local ordinances may have additional requirements. Major cities like Sioux Falls, Rapid City, and Aberdeen may have specific guidelines. Any rent increase during a fixed-term lease must be explicitly allowed in the original lease agreement.
What are my rights regarding repairs in South Dakota?
Under South Dakota law (SDCL § 43-32-8), tenants have the right to: 1) A habitable living space that meets building and housing codes, 2) Written notice to landlord of needed repairs, 3) Reasonable time for landlord to make repairs after notice. If the landlord fails to make necessary repairs, tenants may: 1) Terminate the lease with proper notice, 2) File a complaint with local housing authorities, 3) Pursue legal remedies for damages. The warranty of habitability is implied in every residential lease. Tenants should document all repair requests with photos and written communications. While South Dakota law doesn't explicitly authorize repair-and-deduct remedies, tenants may have other legal remedies available under SDCL § 43-32-9.
What are South Dakota's requirements for smoke detectors?
South Dakota law (SDCL § 34-36-13) requires working smoke detectors in all rental properties. Requirements include: 1) At least one smoke detector on every floor, 2) Smoke detectors outside each sleeping area, 3) Smoke detectors inside each bedroom, 4) Carbon monoxide detectors where required by local codes. Landlords must: 1) Provide and maintain working detectors, 2) Ensure detectors are operational at the start of tenancy, 3) Replace non-functioning detectors promptly, 4) Follow manufacturer guidelines for replacement. Tenants are responsible for testing detectors regularly and notifying landlords of any malfunctions. Tampering with detectors is prohibited and may result in penalties under state law.
What disclosures are required from South Dakota landlords?
South Dakota landlords must disclose: • Lead paint hazards (pre-1978 buildings) with federal forms • Security deposit terms and location (SDCL § 43-32-24) • Property owner/manager contact information • Utility arrangements and responsibilities • Known defects or damage • Move-in inspection documentation • Building code violations • Smoke detector locations and maintenance • Flood zone status (if applicable) • Previous methamphetamine contamination (SDCL § 43-32-30) • Pest infestations and treatments • Military installation proximity notices • HOA rules (if applicable) • Crime-free housing program requirements (if participating) • Emergency maintenance contacts • Foreclosure proceedings (if applicable) • Fire safety systems
What are the rules about security deposit deductions in South Dakota?
Under South Dakota law (SDCL § 43-32-24), landlords can deduct from security deposits for: 1) Unpaid rent or utilities, 2) Damage beyond normal wear and tear, 3) Other breaches of the lease. Landlords must provide an itemized list of deductions within two weeks of lease termination. Security deposits must be returned within two weeks of move-out, minus any legitimate deductions. Tenants should document the unit's condition at move-in and move-out with photos and a written inventory. If landlords fail to comply with these requirements, they may be liable for the full deposit amount plus damages. South Dakota limits security deposits to one month's rent for unfurnished units and one and one-half month's rent for furnished units.
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Legal Disclaimer: The information provided on this website is for general informational purposes only and should not be considered as legal advice. While we strive to keep the information up-to-date and accurate, laws and regulations can change frequently. Specific situations may vary, and the application of rental laws can depend on numerous factors. We recommend consulting with a qualified legal professional for advice regarding your specific circumstances.
