South Dakota Landlord-Tenant Laws: Key Rental Rules (2026)
Security deposits, notice periods, landlord entry, and other key rental rules in South Dakota, each linked to the state law it comes from.
By the ListMyHomes.com™ Editorial TeamPublished Last reviewed
This page summarizes the main landlord-tenant rules in South Dakota. Each rule in the table below links to the law it comes from.
Key rules at a glance
| Rule | South Dakota |
|---|---|
| Where these laws apply | South Dakota Codified Laws chapter 43-32 (Lease of Real Property) sets no county, city, municipality or population limit on where it applies. It governs leasing, a contract by which a landlord gives a tenant temporary possession and use of real property for reward and the tenant agrees to return it at a future time. SDCL § 43-32-1 |
| Security deposit limit | One month's rent for residential premises. The landlord and tenant may agree on a larger deposit where special conditions pose a danger to maintenance of the premises. SDCL § 43-32-6.1 |
| Where deposits are held | No rule in South Dakota Codified Laws chapter 43-32 on where or how the deposit is held. SDCL ch. 43-32 (no provision) |
| Returning the deposit | Within 21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions, the landlord must return the deposit or give the tenant a written statement of the specific reason for withholding any of it. Within 45 days after the tenancy ends, on the tenant's request, the landlord must give an itemized accounting of any deposit withheld. A landlord who does not comply forfeits all rights to withhold any part of the deposit. Bad-faith retention, or bad-faith failure to give the statement or accounting, exposes the landlord to punitive damages of up to $200. SDCL § 43-32-24 |
| Deposit deductions | Only amounts reasonably necessary to remedy the tenant's defaults in paying rent and other funds due to the landlord under an agreement, and to restore the premises to their condition at the start of the tenancy, ordinary wear and tear excepted. SDCL § 43-32-24 |
| Interest on deposits | |
| Landlord entry notice | Reasonable notice of the landlord's intent to enter, and entry only at reasonable times, except in an emergency or when notice is impracticable. 24 hours' written notice is presumed reasonable, unless the lease sets other agreed methods of notice or times for entry. The notice must state the date or dates of entry, a period during normal business hours for entry, the purpose of the entry, and a way for the tenant to ask to reschedule. SDCL § 43-32-32 |
| Notice to end a month-to-month lease | A rental with no term specified by the parties renews at the end of the term implied by law unless either party gives notice of intent to end it at least as long before the end of that term as the term itself, but not more than one month. SDCL § 43-32-15 |
| Rent-increase notice | In a month-to-month lease, the landlord may change the terms, including the rent, by written notice given at least 30 days before the end of the month, effective at the end of the month if the tenant stays. The tenant may end the lease effective the first day of the next month by giving notice within 15 days of receiving the notice of change. SDCL § 43-32-13 |
| Late fees | No limit or grace period in South Dakota Codified Laws chapters 43-32 and 21-16. SDCL chs. 43-32, 21-16 (no provision) |
| Notice for unpaid rent | An eviction action (forcible entry and detainer) may be brought if a tenant fails to pay rent for three days after it is due. SDCL § 21-16-1(4) |
| Rent control | Not allowed. No local governmental unit may enact, maintain or enforce any ordinance, resolution or other enactment that would control the amount of rent charged for leasing private residential property; this does not affect its right to manage and control residential property in which it has a property interest. SDCL § 6-1-13 |
| Required landlord disclosures | A landlord of residential premises who actually knows of any prior manufacturing of methamphetamines on the premises must disclose it to the tenant or any prospective tenant. In premises with two or more housing units, this applies only to the unit where the landlord has that knowledge. SDCL § 43-32-30 Federal law: For housing built before 1978 (with limited exceptions): before the tenant is bound by the lease, the landlord must give the EPA lead-hazard pamphlet and disclose any known lead-based paint or hazards and any available reports. 42 U.S.C. § 4852d; 40 CFR 745.107 |
| Fair housing protected classes | Race, color, creed, religion, sex, ancestry, disability, familial status and national origin. Creed and ancestry appear in South Dakota's law but not in the federal list. SDCL § 20-13-20(1); 42 U.S.C. § 3604 |
What this means for renters
Before you sign, compare the lease's deposit amount, rent due date, and late-fee terms with the rules above. At move-in, record the unit's condition with dated photos. When you move out, give the written notice your lease and the rules above call for, leave a forwarding address, and keep copies of everything you send and receive.
What this means for landlords who manage their own rental
List the unit with its rent, deposit, and lease terms. Screen every applicant by the same written criteria, within fair-housing law. Collect the deposit and give notices following the rules above, and keep records of the unit's condition at move-in and move-out.
List your rental on ListMyHomes.com for one flat fee, or browse rentals in South Dakota listed directly by owners.
Frequently asked questions
How much can a landlord charge for a security deposit in South Dakota?
One month's rent for residential premises. The landlord and tenant may agree on a larger deposit where special conditions pose a danger to maintenance of the premises. See the source in the table above.
How long does a South Dakota landlord have to return a security deposit?
Within 21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions, the landlord must return the deposit or give the tenant a written statement of the specific reason for withholding any of it. Within 45 days after the tenancy ends, on the tenant's request, the landlord must give an itemized accounting of any deposit withheld. A landlord who does not comply forfeits all rights to withhold any part of the deposit. Bad-faith retention, or bad-faith failure to give the statement or accounting, exposes the landlord to punitive damages of up to $200. See the source in the table above.
How much notice must a South Dakota landlord give before entering?
Reasonable notice of the landlord's intent to enter, and entry only at reasonable times, except in an emergency or when notice is impracticable. 24 hours' written notice is presumed reasonable, unless the lease sets other agreed methods of notice or times for entry. The notice must state the date or dates of entry, a period during normal business hours for entry, the purpose of the entry, and a way for the tenant to ask to reschedule. See the source in the table above.
How much notice ends a month-to-month lease in South Dakota?
A rental with no term specified by the parties renews at the end of the term implied by law unless either party gives notice of intent to end it at least as long before the end of that term as the term itself, but not more than one month. See the source in the table above.
How much notice is required for a rent increase in South Dakota?
In a month-to-month lease, the landlord may change the terms, including the rent, by written notice given at least 30 days before the end of the month, effective at the end of the month if the tenant stays. The tenant may end the lease effective the first day of the next month by giving notice within 15 days of receiving the notice of change. See the source in the table above.
How much can a South Dakota landlord charge for late rent?
No limit or grace period in South Dakota Codified Laws chapters 43-32 and 21-16. See the source in the table above.
How much notice must a South Dakota landlord give when rent is unpaid?
An eviction action (forcible entry and detainer) may be brought if a tenant fails to pay rent for three days after it is due. See the source in the table above.
Does South Dakota have rent control?
Not allowed. No local governmental unit may enact, maintain or enforce any ordinance, resolution or other enactment that would control the amount of rent charged for leasing private residential property; this does not affect its right to manage and control residential property in which it has a property interest. See the source in the table above.
Rentals in South Dakota listed by owners
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