A summary of South Dakota Landlord Tenant Laws based on state law statutes as they apply to residential lease agreements executed between landlords and tenants.
Required Disclosures (by Landlords)
Manufacturing of Methamphetamines: Landlord who has actual knowledge of the existence of any prior manufacturing of methamphetamines on the premises must disclose that information to any lessee or any person who may become a lessee. If the residential premises consists of two or more housing units, the disclosure requirements apply only to the unit where there is knowledge of the existence of any prior manufacturing of methamphetamines.
Security Deposit Limit
The equivalent of one month’s rent may be collected as security. Special circumstances requiring a higher deposit may be permissible if it’s clear that there is an increased risk for damage to the premises.
Deadline for Returning Security Deposit
The landlord must return the deposit within two weeks and tell the tenant the reasons for any deductions. The tenant may request a written accounting of the deductions. If so, the landlord must furnish an itemized statement within 45 days of the tenant moving out.
Small Claims Lawsuits
South Dakota allows for tenants and landlords to file disputes in small claims court up to $12,000.
South Dakota state law does not cover late fees, so the lease agreement must make mention of how much and when one can be charged. Otherwise, no late fee can be assessed.
Month-to-month rental agreements require an advance notice of at least one month to change any terms. Tenancies of a longer duration cannot be changed unless stated in the lease.
Tenant’s Right to Withhold Rent
A tenant’s right to withhold rent from a landlord is a special circumstance that must follow the current law as cited in South Dakota Codified Laws Ann. § 43-32-9. A similar right granting tenants the ability to repair important landlord neglected problems and then deduct the cost from the rent is also available under the same law.
Termination and Eviction
S.D. Cod. Laws §§ 21-16-1, 21-16-2 allows the use of a 3 day unconditional quit notice for nonpayment of rent, substantial damage to the property, or holding over after the lease expires.
S.D. Codified Laws Ann. § 21-16-1(7) states that a landlord can file eviction proceedings immediately, without giving tenant an opportunity to cure, if tenant violates a lease clause that provides for immediate termination upon violation.
S.D. Codified Laws § 25-10-5 states that a court may exclude the “abusing party from the dwelling which the parties share or from the residence of the petitioner.”
South Dakota Lease Agreement
South Dakota Landlord-Tenant Law Statutes
South Dakota Codified Laws Ann. §§ 43-32-1 to 43-32-30.