In general, South Dakota is considered a landlord-friendly state. There are no statewide rent control laws, and landlords have discretion when it comes to setting rental rates, charging late fees, and requiring security deposits. This flexibility, coupled with South Dakota’s low cost of living, makes it an appealing location for rental property investment.
However, landlords in South Dakota are still required to comply with a variety of federal, state, and sometimes local laws that govern the landlord-tenant relationship. These laws cover topics such as lease agreements, required disclosures, landlord responsibilities, and eviction procedures. Understanding South Dakota’s landlord-tenant laws is vital before managing rental properties or enforcing lease terms.
South Dakota’s rental laws can be found in the South Dakota Codified Laws. This article is a summary of these laws, not a substitute for legal advice, and not all regulations are covered here. While this article focuses on statewide rental laws, some municipalities may have their own requirements. If you’re unsure about how a specific law applies to your property or situation, it’s best to consult with an experienced real estate attorney.
Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and many not be the most up-to-date information.
South Dakota Quick Facts
Required Disclosures
Rent and Fees
Lead-based paint
Application Fees: Permitted
Methamphetamine contamination
Rent Control: Banned
Late Fee Limit: N/A
Security Deposits
Grace Period Minimum: N/A
Amount Limit: 1 month's rent
Interest: N/A
Entry
Return Within: 2 weeks
Notice: 24 hours'
Permitted Times of Entry: Reasonable
Fair Housing Protections
Race
Eviction Notices
Color
Rent Demand Notice: 3-day quit notice
National origin
Notice for Lease Violation: Immediate
Religion
Unconditional Notice to Quit: Immediate
Sex
Familial status
Disability
Creed
Ancestry
Pregnancy
Rights and Responsibilities of South Dakota Landlords and Tenants
South Dakota landlords and tenants both have legal rights and obligations that shape their rental relationship. Landlords are required to provide habitable living conditions, while tenants are expected to pay rent and maintain the property. These responsibilities are outlined in the lease agreement, but state law sets the baseline for what can and cannot be enforced.
Below is a brief overview of the rights and responsibilities of both landlords and tenants in South Dakota.
South Dakota landlords have the right to:
Collect rent on time as specified in the lease agreement.
Deduct from the security deposit for damages beyond normal wear and tear, unpaid rent, or other agreed-upon reasons.
Set and enforce rules for pets, guests, and other lease clauses, as long as those do not violate South Dakota law.
Enter the rental unit at reasonable times for inspections, repairs, or showings with 24 hours’ notice.
Initiate legal eviction proceedings if a tenant violates the lease, fails to pay rent, or causes damage.
Terminate the lease with proper notice if the agreement is month-to-month or if the lease terms are breached.
South Dakota landlords are responsible for:
Providing housing that is fit for human habitation, including necessary utilities, plumbing, and heating systems.
Making necessary repairs to keep the unit in safe and livable condition.
Complying with all codes for building, health, and safety.
Providing reasonable notice (24 hours) before entering the rental unit, unless there is an emergency.
Returning the tenant’s security deposit within two weeks after move-out, or within 45 days if deductions are made, along with a written itemization of any charges.
Notifying tenants of any changes to the lease agreement or rent increases in writing with appropriate notice.
South Dakota tenants have the right to:
Live in a safe and habitable home that complies with state and local health and safety standards.
Request repairs and expect them to be made within a reasonable timeframe.
Receive advance notice before the landlord enters the unit, except in emergencies.
Enjoy the quiet use of the premises without landlord interference or harassment.
Take legal action if the landlord fails to uphold their responsibilities.
Receive a full or partial return of their security deposit, with an itemized list of any deductions.
Withhold rent or vacate the unit in certain serious cases where the landlord fails to provide essential services.
South Dakota tenants are responsible for:
Paying rent on time and in full.
Keeping the rental property clean and undamaged.
Notifying the landlord of maintenance issues promptly.
Following all terms and rules outlined in the lease.
Avoiding property damage and covering the cost of any damage caused by themselves or their guests.
Providing written notice when ending the lease, per the agreement terms.
Allowing reasonable landlord entry with proper notice.
South Dakota Required Disclosures
Before entering into a lease agreement, South Dakota landlords are required to share disclosures with tenants. These disclosures help protect tenants’ health and safety and ensure transparency regarding the condition or history of the rental property. Below are two important disclosures required under South Dakota law.
Lead-based paint (Title X, Section 1018). Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
Methamphetamine Contamination (SDC § 43-32-30). According to South Dakota rental property regulations, if a landlord knows that the property was previously used to manufacture methamphetamines, they must disclose that information to current and prospective tenants of that rental premises.
Landlords and tenants in South Dakota should understand the state’s rules regarding rent payments, fees, and tenant remedies. While South Dakota does not impose rent control or regulate common charges like application or late fees, it does outline basic expectations for rent due dates and tenant rights when essential repairs are neglected. Below is a summary of key rent and fee regulations in South Dakota.
Rent Payments
Due Date: If not otherwise specified in the lease, rent is due at the end of each month (SDC § 43-32-12).
Rent Increases: Rent control is banned in South Dakota (SDC § 6-1-13).
Grace Period: Is there a grace period for paying rent in South Dakota? No mandatory grace period applies in this state.
Fees
Application Fees: Rental application fees are not regulated in South Dakota.
Late Fees: There is no statutory limit on late fee amounts in South Dakota.
NSF/Bounced Check Fee Maximum: If the tenant’s rent check bounces, the landlord may charge a fee of $40, plus any applicable sales tax (SDC § 57A-3-421).
Tenant Remedies
Withholding Rent/Repair and Deduct: If the landlord fails to make repairs required to make the unit safe and habitable, the tenant must first give notice and wait a reasonable amount of time. Then, the tenant may choose to either withhold rent or repair and deduct. If the tenant chooses to withhold rent, the cost of the repairs must not exceed one month’s rent, and the tenant must deposit the rent into a separate bank or savings and loan account. When the landlord makes repairs, the tenant must release the deposit back to the landlord, or they can allow the money withheld to accumulate and use it to pay for repairs. If the tenant chooses the repair and deduct option, they may arrange for the repair and deduct the cost from the rent (SDC § 43-32-9).
South Dakota Security Deposit Laws
South Dakota landlord laws set clear expectations for how landlords must handle security deposits during the tenancy. While the state limits standard deposits to one month’s rent, larger amounts may be collected under special conditions. South Dakota does not require landlords to pay interest on deposits or keep them in a separate account, but it does require prompt returns and itemized explanations for any deductions. Below is a summary of the key security deposit regulations landlords and tenants should know.
Deposit Limit: 1 month’s rent. A larger deposit may be charged if the landlord and the tenant agree that special conditions pose additional danger to the maintenance of the premises (SDC § 43-32-6.1).
Interest: Landlords in South Dakota are not required to pay interest on security deposits.
Deposit Location: Landlords are not required to keep security deposits in a separate bank account.
Withholding: Landlords may withhold funds from the security deposit for unpaid rent, other fees owed to the landlord per the lease, or repairs to restore the premises to its original condition (besides normal wear and tear). Landlords must provide a written statement itemizing the specific reasons for withholdings within 45 days after termination of the tenancy (SDC § 43-32-24).
South Dakota Tenant Screening and Fair Housing Protections
What actions are considered housing discrimination?
All tenants in the U.S. are protected by the Federal Fair Housing Act (Title 24 USC § 3601-3607), which prohibits discriminatory practices in any part of the housing process. In South Dakota, like in other states, landlords must follow these laws when:
Accepting or rejecting rental applications
Creating or applying tenant screening criteria
Marketing or listing rental units
Setting rent amounts or applying fees
Granting maintenance or services
Enforcing lease terms or rules
Initiating eviction or non-renewal actions
etc.
What are the protected classes in South Dakota?
Under federal law, landlords cannot discriminate against tenants based on:
Race
Color
Religion
Sex
National origin
Familial status
Disability
South Dakota state law adds creed, ancestry, and pregnancy to this list (SDC § 20-13-20).
Use of Credit Reports
South Dakota landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.
Use of Criminal Histories
Criminal background checks may be used during tenant screening in South Dakota. South Dakota landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.
South Dakota landlord laws outline when and how landlords may legally enter a rental unit. While entry is permitted for valid reasons like repairs or inspections, tenants are entitled to reasonable notice and privacy. Below are the main requirements landlords must follow.
Advanced Notice: 24 hours’ notice, unless the landlord and tenant mutually agree to an alternative notice period specified in the lease agreement. The written notice should include the date of entry, a period during normal business hours that the entry will occur within, the purpose of entry, and a means by which a tenant may request to reschedule the entry (SDC § 43-32-32).
Permitted Times: Landlords in South Dakota may only enter at reasonable times. The terms (including permitted times) of landlord entry should be specified in the lease agreement (SDC § 43-32-32).
Emergency Entry: In case of emergency, the landlord may enter without prior notice or consent (SDC § 43-32-32).
South Dakota Eviction Notices
Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in South Dakota, consider hiring an experienced real estate attorney and be sure to review the South Dakota eviction process in more detail.
If you do pursue eviction in South Dakota, the first step is to send a formal, written eviction notice. The state has many different kinds of eviction notices, all associated with differing circumstances:
3-Day Notice to Quit and Vacate. A copy of this notice can be found here. This notice applies in three different situations:
Nonpayment. If rent is unpaid when due, the landlord may deliver this notice stating that the lease will terminate after three days’ time. The landlord is not required to give the tenant an opportunity to pay their rent and avoid eviction (SDC § 21-16-2).
Holdover. If the tenant unlawfully holds over and keeps possession of the property after the lease has terminated, the landlord should give three days’ notice to quit (SDC § 21-16-2).
Sale of Property: If a tenant continues in possession after the property has been sold and the legal timeframe allotted to the tenant to move out has expired, the tenant may be served a three-day notice to quit.
Lease Violation Notice: Immediate. If a tenant violates a lease provision, commits waste upon the leased premises, or falsely claims to require a service animal/creates fraudulent disability or service animal documentation, the landlord may immediately terminate the rental agreement and file for eviction (SDC § 21-16-2, 43-32-36).
Squatters are individuals who occupy a property without the legal permission of the owner. In South Dakota, like most states, removing squatters often requires going through the formal eviction process, especially if the individual has resided in the property for a significant period or can make a legal claim.
South Dakota does not allow landlords to use “self-help” measures, such as shutting off utilities, changing locks, or physically removing a squatter without a court order. These actions are prohibited when dealing with both squatters and tenants, and landlords who attempt them may face legal consequences.
However, South Dakota landlord laws recognize adverse possession, a legal doctrine through which a squatter may eventually gain ownership of a property. To claim adverse possession, a squatter must meet strict requirements, including continuous possession of the property for at least 20 years, and the possession must be hostile, actual, open, notorious, and exclusive.
Squatter situations can become legally complex, and landlords should document all unauthorized occupation and contact a qualified real estate attorney before initiating any removal efforts. When in doubt, follow legal eviction procedures to avoid liability.
The average rent rate in South Dakota is $1,199 per month, according to Zillow.
The average rent rate in Sioux Falls is $1,099 per month, according to Zillow.
Tenants in South Dakota have the right to terminate the lease and vacate the rental unit without penalty if they are victims of domestic abuse, sexual harassment, or stalking. The landlord is obligated not to disclose the tenant’s contact information to anyone except as required by law (SDC § 43-32-19.1).
Conclusion
South Dakota landlord laws provide a legal framework to protect landlords and tenants. Understanding your rights and responsibilities under these laws maintains compliant, respectful, and effective rental relationships. Whether you’re managing one apartment unit or an entire portfolio, staying up-to-date on state regulations and fair housing rules helps you avoid legal disputes, retain long-term tenants, and run a successful rental business.
FAQs
Is South Dakota a landlord-friendly state?
Yes, South Dakota is considered a landlord-friendly state due to the absence of rent control, limited restrictions on fees, and a streamlined eviction process. However, landlords must still follow fair housing laws and abide by proper procedures when handling tenant disputes or lease violations.
Can a landlord refuse to rent to someone using Section 8 in South Dakota?
Yes. South Dakota landlord laws do not currently prohibit landlords from refusing to rent to tenants based on source of income, including housing assistance programs like Section 8. However, federal fair housing protections still apply and must not be violated.
What is the maximum security deposit a landlord can charge in South Dakota?
South Dakota landlords may charge up to one month’s rent as a security deposit. If the landlord and tenant agree that special conditions exist that pose additional risk to the property, a larger deposit may be charged.
How much notice must a South Dakota landlord give before entering a rental unit?
Landlords must provide at least 24 hours’ written notice before entering a unit, unless a different agreement is outlined in the lease. Notice must specify the date, time window, and reason for entry. Entry must occur during reasonable business hours.
What maintenance responsibilities do South Dakota landlords have?
Landlords are required to maintain rental units in a habitable condition. This includes keeping plumbing, heating, and electrical systems in good working order and addressing necessary repairs in a timely manner after receiving notice from the tenant.
Can a tenant withhold rent in South Dakota?
Yes. If a landlord fails to make essential repairs, tenants may withhold rent by placing the withheld amount into a separate account, or they may use the repair-and-deduct method, provided they follow the proper legal procedure.
How long does a landlord have to return a security deposit in South Dakota?
Landlords must return the security deposit within two weeks of the end of the tenancy. If the landlord withholds any portion of the deposit, they must provide an itemized statement within 45 days.
What are the protected classes under South Dakota fair housing laws?
Under the Federal Fair Housing Act, it is illegal to discriminate based on race, color, national origin, religion, sex, disability, or familial status. South Dakota landlord law adds creed, ancestry, and pregnancy to this list (SDC § 20-13-20). Discriminating based on these characteristics in any aspect of housing, including applications, advertising, maintenance, or eviction, is prohibited.
One thought on “South Dakota Landlord Tenant Laws [2025]”
So i applied for a rental home, and i couldnt find a cosigner so i optioned out from the home i was trying to rent. Am i able to get my deposit back even if the applications went through?
So i applied for a rental home, and i couldnt find a cosigner so i optioned out from the home i was trying to rent. Am i able to get my deposit back even if the applications went through?