South Dakota Landlord Tenant Laws
March 2, 2023
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Rent and Fees
Application Fees: Permitted
Rent Control: Banned
Late Fee Limit: N/A
Grace Period Minimum: N/A
Amount Limit: 1 month’s rent
Return Within: 2 weeks
Notice: 24 hours’
Permitted Times of Entry: Reasonable
|Fair Housing Protections
Rent Demand Notice: 3-day quit notice
Notice for Lease Violation: Immediate
Unconditional Notice to Quit: Immediate
South Dakota Landlord-Tenant Law
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.
According to South Dakota rental laws, if a landlord in South Dakota knows that the property was previously used to manufacture methamphetamines, they must disclose that information to current and prospective tenants of that unit.
Rent and Fees
- Rent Due Date: If not otherwise specified in the lease, rent is due at the end of each month (SDC § 43-32-12).
- Application Fees: Rental application fees are not regulated in South Dakota.
- Rent Increases: Rent control is banned in South Dakota (SDC § 6-1-13).
- Late Fees: There is no statutory limit on late fee amounts in South Dakota.
- Grace Period: Is there a grace period for paying rent in South Dakota? No mandatory grace period applies in this state.
- 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).
- 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).
- 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.
- Return Within: 2 weeks (SDC § 43-32-24)
- 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).
Tenant Screening and Fair Housing Protections
- Federal law prohibits discrimination in housing based on race, color, religion, gender, national origin, familial status, and disability (Title 24 USC § 3601-3607). South Dakota state law adds creed, ancestry, and pregnancy (SDC § 20-13-20).
- 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.
- 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.
- 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).
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.
- 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).
Other Laws and Facts About South Dakota
- The median rent rate in South Dakota is $761.
- The median rent rate in Sioux Falls is $1,150.
- 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 to not disclose the tenant’s contact information to anyone except as required by law (SDC § 43-32-19.1).