South Dakota Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights

South Dakota limits security deposits to one month's rent unless the parties agree to more because special conditions pose a danger to the premises, requires landlords to return the deposit or give a written statement of the reasons for withholding it within 21 days, and treats 24 hours written notice as reasonable notice before entry.

Security deposits in South Dakota

South Dakota law caps residential security deposits at one month's rent. SDCL 43-32-6.1 allows a larger deposit only where the landlord and tenant agree to one because special conditions pose a danger to maintenance of the premises. The statute names no fixed multiplier and sets no separate pet-deposit figure, so a bigger deposit for a pet is not automatic under state law; it depends on that agreement.

When the tenancy ends, SDCL 43-32-24 gives the landlord 21 days, running from the termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, to either return the security deposit or furnish a written statement showing the specific reason for withholding it or any part of it. The landlord may withhold only what is reasonably necessary to cover unpaid rent and other funds owed under the agreement, and to restore the premises to their condition at the start of the tenancy, ordinary wear and tear excepted.

The 45-day period in the same statute is a separate step, not a second return deadline. Within 45 days after the tenancy ends, and only if the tenant asks, the landlord must provide an itemized accounting of any deposit withheld.

A landlord who fails to comply with SDCL 43-32-24 forfeits all rights to withhold any portion of the deposit. Bad faith retention of a deposit, or bad faith failure to provide the written statement or the itemized accounting, also exposes the landlord to punitive damages of up to $200. Keep your forwarding address in writing so the 21-day clock starts clearly.

When can a landlord enter? Notice rules

Under SDCL 43-32-32, a landlord must give the tenant reasonable notice of intent to enter and may enter only at reasonable times. Twenty-four hours written notice is presumed to be reasonable notice. The notice must specify the date or dates of entry, a period of time during normal business hours for entry, and the purpose of the intended entry, and it must also specify a means by which the tenant may request to reschedule the entry. This applies to routine inspections, maintenance visits, showings to prospective tenants or buyers, and any other non-emergency purpose.

The statute excuses notice in an emergency (for example, a burst pipe or fire) or where giving notice is impracticable. Outside those situations, a landlord who enters without proper notice may be liable for breach of the tenant's right to quiet enjoyment.

Read your lease before assuming a specific notice period applies to you. The 24-hour figure is a presumption, not a fixed floor: SDCL 43-32-32 lets the landlord and tenant mutually agree in the lease on alternate methods of notification or times for entry. What the lease cannot do is dispense with the requirement of reasonable notice and reasonable entry times altogether.

Ending a lease: notice to vacate

For a month-to-month rental in South Dakota, either the landlord or the tenant may end the tenancy by giving 30 days written notice (one full rental period). The notice should be delivered before the start of the rental period it is meant to terminate, so if rent is due on the first of the month, notice should be served no later than the first to end the tenancy effective the last day of that month.

Fixed-term leases generally expire by their own terms, but a landlord who wants to end the tenancy early for nonpayment, lease violation, or other cause must follow South Dakota's eviction procedures. See the South Dakota eviction notice page for the specific notice types (3-day pay-or-quit, 3-day cure-or-quit) and the court process. Our eviction notice generator can draft that notice once you know which type applies. Month-to-month notice and eviction-cause notice are two entirely different procedures; one is not a substitute for the other.

For squatters and adverse possession rules, see the South Dakota squatters rights page.

Repairs and the warranty of habitability

South Dakota requires landlords to deliver and maintain rental housing that is safe and sanitary. SDCL 43-32-8 sets out the landlord's duties: keeping the premises in a condition fit for human habitation, maintaining heating, plumbing, and electrical systems in good repair, and addressing conditions that endanger health or safety.

South Dakota does give tenants a repair-and-deduct remedy. Under SDCL 43-32-9, if the tenant gives the landlord notice of conditions requiring repair to make the premises fit for human habitation and the landlord neglects to make the repair within a reasonable time, the tenant may make the repair and deduct the expense from rent, or otherwise recover it from the landlord. The same section lets the tenant instead vacate the premises, in which case the tenant is discharged from additional charges of rent.

If the cost of the necessary repairs exceeds one month's rent, SDCL 43-32-9 routes the tenant to an escrow instead of a straight deduction. After written notice stating the specific reason for the withholding, the tenant may withhold rent and immediately deposit it in a separate bank or savings and loan account, provide the landlord written evidence of that deposit, and hold the money only for the purpose of making the repairs. The tenant releases the deposit to the landlord once the landlord makes the repairs, or uses the accumulated funds to have the repairs made and paid for.

Follow those steps closely. The remedy depends on notice to the landlord, a reasonable time for the landlord to act, and the separate account once the cost exceeds a month's rent; rent held back without them is treated as ordinary nonpayment and can support an eviction. SDCL 43-32-27 also makes retaliation actionable: a tenant who gave the landlord written notice of a condition requiring repair under SDCL 43-32-9 may sue if the landlord responds by raising rent above fair market value, cutting utilities, or issuing an unjustified notice to vacate.

Tenants should document all repair requests in writing (text or email with a read receipt works) and keep copies. A paper trail is essential if you ever need to pursue a court claim or deposit dispute.

Rent, late fees, and rent control

South Dakota does not cap late fees by statute. Whatever the lease says about a grace period and fee amount governs, provided it is not unconscionable. Many landlords provide a 3 to 5 day grace period before charging a late fee; the lease controls, so read it carefully before signing.

Rent increases on a month-to-month tenancy run through SDCL 43-32-13. The landlord may modify the terms of the lease, including the rent, by giving written notice at least 30 days before the expiration of the month, and the new terms take effect at the expiration of that month if the tenant continues to hold the premises. That section also gives the tenant a way out: within 15 days of receiving the modification notice, the tenant may give notice terminating the lease effective the first day of the next month. For a fixed-term lease, rent cannot be raised during the term; any increase takes effect at renewal.

South Dakota does not permit rent control. State law preempts any local ordinance that would cap, freeze, or otherwise regulate rent amounts. No city or county in South Dakota may enact rent control, and there is no statewide rent cap. Landlords may raise rent to market rate at each lease renewal.

If you have a landlord-tenant dispute in South Dakota

Start by putting everything in writing. Send repair requests, complaints, and notices by email or certified mail so you have a timestamp and delivery record. Courts weight written evidence heavily in landlord-tenant disputes.

For unpaid deposit disputes involving amounts under $12,000, small claims court (called Magistrate Court in South Dakota) is often the fastest and cheapest forum. Filing fees are modest, lawyers are optional, and judges are familiar with deposit return rules.

If the dispute involves habitability, discrimination, or complex lease terms, contact South Dakota Legal Aid or a private tenant's rights attorney. The South Dakota Attorney General's Consumer Protection Division also handles certain landlord complaints and can provide information on tenant rights under state law.

For nonpayment evictions or lease violations, see the South Dakota eviction notice page. For unauthorized occupants and adverse possession, see the South Dakota squatters rights page. For general cluster context and comparisons across all 50 states, visit our Landlord-Tenant Laws by State guide for a full comparison.

This article is general legal information, not legal advice. Landlord-tenant rules vary by state and city and change, and some cities add their own ordinances. For advice about a specific situation, consult a licensed attorney or your state housing agency.

For the full state-by-state comparison, see our Landlord-Tenant Laws by State guide.

More South Dakota Laws

• South Dakota Property Records
• South Dakota Restraining Order Laws
• South Dakota Squatters Rights Laws
• South Dakota Unclaimed Property

Frequently Asked Questions

How long does a landlord have to return my deposit in South Dakota?

Twenty-one days. Under SDCL 43-32-24, the landlord has 21 days after the tenancy terminates and after receiving your mailing address or delivery instructions to either return the deposit or furnish a written statement showing the specific reason for withholding it or any part of it. Separately, if you request one, the landlord must give you an itemized accounting of anything withheld within 45 days after termination. A landlord who fails to comply forfeits all rights to withhold any portion of the deposit.

What is the maximum security deposit a landlord can charge in South Dakota?

One month's rent, under SDCL 43-32-6.1. The statute permits a larger deposit only where the landlord and tenant agree to one because special conditions pose a danger to maintenance of the premises. It names no fixed multiplier and sets no separate pet-deposit figure, so a higher deposit for a pet is not automatic under state law.

How much notice must a landlord give to enter in South Dakota?

SDCL 43-32-32 requires reasonable notice and entry only at reasonable times, and treats 24 hours written notice as presumptively reasonable. The notice must state the date or dates of entry, a period of time during normal business hours, the purpose, and a means for you to request to reschedule. Notice is excused in an emergency or where it is impracticable, and the lease may set alternate notification methods or entry times if you and the landlord agreed to them.

How much notice is required to end a month-to-month lease in South Dakota?

Either the landlord or the tenant must give 30 days written notice (one full rental period) to end a month-to-month tenancy. The notice should be given before the start of the rental period it is intended to terminate.

Can I withhold rent for repairs in South Dakota?

Yes, within the limits of SDCL 43-32-9. After you notify the landlord of a condition requiring repair and the landlord neglects it for a reasonable time, you may make the repair yourself and deduct the expense from rent, or recover it from the landlord, or vacate and be discharged from additional rent. If the necessary repairs cost more than one month's rent, the statute instead requires written notice stating the specific reason for the withholding and deposit of the withheld rent into a separate account used only for the repairs. Follow those steps: rent held back without them is treated as ordinary nonpayment.

Can a landlord raise rent in South Dakota?

Yes. South Dakota has no rent control and preempts local rent regulation. On a month-to-month tenancy, SDCL 43-32-13 requires the landlord to give written notice at least 30 days before the expiration of the month, with the increase taking effect at the end of that month. If you receive that notice, you have 15 days to give notice terminating the lease effective the first day of the next month. There is no statewide cap on the size of an increase.

Is there a late fee limit in South Dakota?

No. South Dakota law does not cap late fees. Whatever the lease specifies applies, as long as it is not unconscionable. Review your lease to understand the grace period and fee amount before you sign.