South Dakota Landlord-Tenant Law Guide

South Dakota landlord-tenant law is relatively lease-driven, but Chapter 43-32 still sets important rules for deposits, habitability, entry, retaliation, month-to-month modifications, and post-2024 eviction procedure.

Security Deposit

Limit: 1 month's rent for security deposits, unless the parties agree to a larger deposit where special conditions pose a danger to maintenance of the premises.

Return Period: Within 2 weeks after termination of tenancy and receipt of the tenant's mailing address or delivery instructions. If requested, an itemized accounting of withheld amounts is due within 45 days; noncompliance forfeits withholding rights.

Rent Increases

For month-to-month lease modifications, 30 days' written notice before expiration of the month; tenant may terminate within 15 days after receiving the modification notice. Fixed-term leases follow their terms.

Entry Notice

24 hours' written notice is presumed reasonable under §43-32-32 unless the lease mutually agrees to another method or time; emergency and impracticability exceptions apply.

Key Statutes

  • South Dakota Codified Laws §43-32-6.1 - Security Deposits
  • South Dakota Codified Laws §43-32-8 - Landlord Obligations
  • South Dakota Codified Laws §43-32-9 - Repair Remedies
  • South Dakota Codified Laws §43-32-13 - Month-to-Month Modifications
  • South Dakota Codified Laws §43-32-32 - Landlord Entry
  • South Dakota Codified Laws §21-16-1 and §21-16-7 - Eviction Grounds and Answer Deadline

Common Issues

  • Not returning deposits within required timeframe
  • Failure to provide itemized deductions
  • Entering without reasonable notice
  • Not maintaining habitability standards
  • Improper eviction procedures