South Dakota Landlord Tenant Laws
Complete guide to rental regulations, tenant rights, and landlord obligations in SD
South Dakota Rental Law Overview
Security Deposit Limit
Maximum allowed by SD law
Deposit Return
After tenant move-out
Entry Notice
Required advance notice
Pay or Quit Notice
For non-payment of rent
Security Deposit Laws
South Dakota regulations for rental deposits and returns
Landlords can charge up to 2 months' rent for unfurnished units and 3 months' for furnished units
Must be returned within 21 days after tenant vacates with itemized deductions
Landlords must provide receipts for all deductions over $126
Tenants have the right to a pre-move-out inspection and opportunity to fix issues
South Dakota Eviction Process Timeline
Notice to Tenant
Day 1-3
Serve proper written notice: 3-day pay or quit for rent, 3-day cure or quit for violations, 30/60-day for no-fault termination
File Unlawful Detainer
Day 4-7
If tenant doesn't comply, file lawsuit at courthouse with filing fee ($240-450)
Serve Court Papers
Day 8-15
Tenant must be legally served with summons and complaint
Court Hearing
Day 20-30
Judge hears case and makes decision
Sheriff Lockout
Day 35-45
If landlord wins, sheriff posts 5-day notice then removes tenant
Tenant Rights in South Dakota
Legal protections for renters under SD law
Habitability Rights
- Safe and sanitary housing
- Working plumbing and electrical
- Heating and weatherproofing
- Functioning locks and windows
- Smoke and CO detectors
Privacy Rights
- 24-hour notice for entry
- Reasonable hours (8am-5pm)
- Emergency entry exceptions
- No harassment or lockouts
- Quiet enjoyment of property
Landlord Obligations
Required duties under South Dakota law
Obligation | Requirement | Penalty for Violation |
---|---|---|
Security Deposit Return | 21 days with itemization | Up to 2x deposit + $600 |
Habitability Repairs | Within reasonable time | Rent withholding allowed |
Required Disclosures | Lead paint, mold, bedbugs | $100-$1,000 per violation |
Illegal Entry | 24-hour notice required | $2,000 per violation |
Retaliation | Prohibited by law | Tenant can sue for damages |
South Dakota Rental Law FAQs
Common questions about landlord-tenant laws in SD
Create a South Dakota-Compliant Lease Agreement
Generate a legally sound lease that follows all SD regulations