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Legal Rights Handbook

South Dakota Renter Rights & Landlord Laws 2025

Everything tenants and landlords need to know about South Dakota housing laws. Eviction rules, deposits, and rights.

Updated January 15, 2026
5 min read

Renter Rights & Landlord Laws Guide 2025: South Dakota

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws change frequently. Always consult with a qualified attorney or local legal aid organization for specific legal issues.

1. Overview: Tenant-Friendly vs. Landlord-Friendly

South Dakota is widely considered a Landlord-Friendly state (Landlord Friendliness Score: High).

Why?

  • Statutory Bias: State laws generally prioritize the landlord's right to recover property and collect rent efficiently.
  • Speed of Eviction: South Dakota has one of the fastest eviction timelines in the U.S., particularly for non-payment of rent.
  • Limited Rent Control: State statutes explicitly prohibit local municipalities from enacting rent control ordinances.
  • Security Deposit Limits: The maximum deposit allowed is relatively high (two months' rent), offering landlords significant financial protection.

What this means for you:

  • For Landlords: The legal framework is structured to protect your investment, but strict adherence to procedural rules is still required to avoid dismissal of eviction cases.
  • For Renters: While you have rights, the system moves quickly against you if you fall behind on rent or violate lease terms. Proactive communication with your landlord is essential.

2. Security Deposits

Limits

  • Maximum Amount: Landlords may charge up to one month’s rent for unfurnished units and up to two month’s rent for furnished units (SDCL § 43-32-6).
  • Location of Funds: South Dakota law does not explicitly require landlords to hold deposits in a separate escrow account or pay interest to the tenant.

Return Requirements

  • Timeline: Landlords must return the deposit (or an itemized list of deductions) within 14 days after the tenant moves out.
  • Deductions: Landlords may deduct for:
    • Unpaid rent.
    • Damages beyond normal wear and tear.
    • Cleaning costs (if the unit is left significantly dirtier than when moved in).
    • Unpaid utility bills (if specified in the lease).

Warnings

  • For Renters: Document the unit's condition with photos/video at move-in and move-out. Without proof, disputing deductions is difficult.
  • For Landlords: Failure to return the deposit or provide an itemized statement within the 14-day window may result in you forfeiting your right to keep any portion of the deposit and potentially owing the tenant double the amount wrongfully withheld.

3. Eviction Rules

South Dakota has a streamlined eviction process, making it one of the fastest states for landlords to regain possession.

The Process

  1. Notice: The landlord must provide a written notice to the tenant.
  2. Filing: If the tenant does not comply, the landlord files a Summons and Complaint in the local court.
  3. Hearing: A hearing is scheduled (usually within a few days of filing).
  4. Judgment & Writ: If the landlord wins, a Writ of Execution is issued, allowing law enforcement to remove the tenant.

Notice Periods

  • Non-Payment of Rent:
    • 3 Days Notice to Pay or Vacate.
    • The tenant has three days to pay the full rent owed or move out. If they do not, the landlord can file for eviction immediately on the 4th day. Weekends and holidays are included in the count.
  • Lease Violations (Non-Monetary):
    • 3 Days Notice to Cure or Vacate.
    • The tenant has three days to fix the violation (e.g., unauthorized pet, noise complaint) or move out.
  • Serious Violations / Illegal Activity:
    • 3 Days Notice to Vacate.
    • No opportunity to cure; the tenant must move out within three days.

Warnings

  • For Landlords: You cannot physically remove a tenant or lock them out (self-help eviction). You must obtain a court order. Even with a 3-day notice, you must wait for the court process if the tenant does not leave.
  • For Renters: If you receive a 3-day notice, do not ignore it. The timeline is extremely short. If you pay the full rent within the three days, the eviction process generally stops (unless the lease has been previously terminated).

4. Landlord Entry

Notice Required

South Dakota law is silent on specific notice requirements for landlord entry in most residential contexts (unless specified in the lease).

  • General Standard: While not codified in statute, landlords are generally expected to provide reasonable notice (typically 24 hours) before entering a tenant's unit, except in cases of emergency.
  • Lease Agreement Rules: The lease agreement can override general custom. It may specify notice periods or limit entry times.

Warnings

  • For Landlords: Entering without notice or for non-emergency reasons can be considered trespassing or a violation of the tenant's right to quiet enjoyment. Always check your lease terms and provide written notice to avoid disputes.
  • For Renters: If your landlord enters repeatedly without notice for harassment, document the incidents. You may have grounds for a constructive eviction claim or to break your lease, but you should seek legal counsel before withholding rent or moving out.

5. Rent Control

Does it exist?

No.

  • State Law: South Dakota state law (SDCL § 11-16-21) explicitly preempts local governments from enacting rent control or rent stabilization ordinances.
  • Market Rate: Rent prices are determined entirely by the free market. Landlords can increase rent at the end of a lease term or (if month-to-month) with proper written notice (typically 30 days).

Warnings

  • For Renters: Budget for potential rent increases. There are no legal caps on how much a landlord can raise the rent, provided they give proper notice.
  • For Landlords: While you have pricing freedom, excessive increases may lead to higher vacancy rates. Ensure rent increases comply with the lease terms and state notice requirements.

6. Special Warning for Landlords (Risk Awareness)

Strict Procedure is Mandatory.
Because South Dakota is landlord-friendly, the courts expect you to follow the letter of the law precisely.

  • The 3-Day Trap: The 3-day notice for non-payment is a powerful tool, but if you make a mistake in the notice (wrong dates, incorrect amount owed, improper service), the court will likely dismiss the eviction case. You will have to start over, wasting time and money.
  • Self-Help Evictions are Illegal: Changing the locks, shutting off utilities, or removing a tenant's belongings without a court order is illegal. Doing so can result in the tenant suing you for damages and "wrongful eviction," potentially wiping out your financial gains from the case.
  • Discrimination: Despite being landlord-friendly, South Dakota enforces federal Fair Housing laws. You cannot discriminate based on race, color, religion, sex, national origin, familial status, or disability.

7. Special Warning for Tenants (Know Your Rights)

The 3-Day Clock is Ticking.
The most critical aspect of South Dakota law for renters is the speed of eviction.

  • Immediate Action Required: If you receive a 3-day notice to pay or vacate, you have very little time to find money or move. Ignoring the notice will almost certainly result in a judgment against you and an eviction on your record.
  • Lease Terms Rule: In South Dakota, the written lease agreement is king. If you sign a lease with specific rules (e.g., no smoking, specific pet policies), you are legally bound to them. Verbal promises from landlords are hard to enforce without proof.
  • Retaliation: Landlords cannot legally retaliate (e.g., raising rent, evicting) because you filed a complaint with a government agency (like a health inspector) or joined a tenant's union. However, proving retaliation can be difficult; document everything.

Disclaimer: Not legal advice. Consult an attorney.