South Dakota Landlord Tenant Rights
Signing a lease agreement can be stressful and mistakes can add up to extra costs. Before you sign on the dotted line, check out our South Dakota Landlord Tenant Rights guide.
Landlords have certain responsibilities to their tenants. These include the duty to provide, address, or maintain the following:
- Dwelling structures
- Bed bugs
- Plumbing and sanitation
If the landlord fails to address issues with any of the above, the tenant has the right to withhold rent or make repairs themselves and deduct the cost from any rent due. The landlord is prohibited from engaging in retaliatory conduct.
Tenants likewise have responsibilities to their landlords. These include the duty to:
- Pay rent in a timely manner
- Maintain a safe and habitable premises
- Keep the unit clean and sanitary
- Not disturb other tenants or neighbors
- Maintain all electrical, plumbing and heating systems
South Dakota law has capped the maximum allowable security deposit as equal to one month’s rent. The landlord has two weeks to return the deposit minus deductions or else be held liable for the amount of the deposit plus $200.
Rent and Fees
Landlords are free to charge any amount for rent and fees. They must give tenants a 30-day notice before increasing the rent but can set any amount of increase.
Landlords can evict tenants on several grounds. These include:
- Nonpayment of rent
- Violation of lease terms
- No lease or the lease has ended
- The rental property is being sold
- False claim of service animal
Tenants can legally end their lease early in the following circumstances:
- Active military duty
- Early termination clause in lease
- The unit is uninhabitable
- Landlord harassment
Landlords do not have the duty to mitigate damages, so the tenant may be held liable for the rental cost of the remainder of the lease term. Landlords are prohibited from engaging in retaliatory conduct.
Lease Termination Notice
Landlords are required to give notice before terminating the lease.
For nonpayment of rent, the landlord is required to give a 3-day notice.
For a violation of the lease terms, no notice is required. If the tenant has stayed beyond the tenancy period or there wasn’t a formal lease in place, the landlord must give week-to-week tenants a 7-day notice and month-to-month tenants a 30-day notice.
If the rental property is being sold, the landlord is required to give a 3-day notice.
No notice is required if the tenant falsely claims to need a service animal.