South Dakota Landlord-Tenant Law at a Glance
South Dakota uses a two-step deposit deadline: the landlord returns the deposit, or a partial refund, within two weeks and then has 45 days to provide the itemized accounting if the tenant asks (SDCL § 43-32-24). Deposits are capped at one month’s rent.
How Long Does a Landlord Have to Return a Security Deposit in South Dakota?
A South Dakota landlord must return the deposit or the undisputed portion within two weeks, and provide an itemized accounting within 45 days on request.
| Maximum Deposit | One month’s rent |
| Return Deadline | 2 weeks; itemized accounting within 45 days on request |
| Interest Required | No |
| Itemized Statement | Required on request |
| Statute Reference | SDCL §§ 43-32-6.1, 43-32-24 |
How Much Can a Landlord Raise Rent in South Dakota?
South Dakota has no rent control and no cap on increases; a month-to-month change needs one month’s notice.
| Late Fee Limit | No statutory cap |
| Rent Control Status | No rent control |
| Rent Increase Notice | One month for month-to-month |
| Statute Reference | SDCL § 43-32-13 |
How to Evict a Tenant in South Dakota
A South Dakota eviction starts with a 3-day written notice to quit.
| Non-Payment Notice | 3 days’ notice to quit |
| Month-to-Month Notice | One month |
| Statute Reference | SDCL §§ 21-16-2, 43-32-13 |
Can a Landlord Enter Without Permission in South Dakota?
South Dakota requires reasonable notice before a landlord enters, except in an emergency; 24-hour written notice is presumed reasonable and must state the date, a time window, the purpose and how the tenant can reschedule (SDCL § 43-32-32).
| Notice Required | 24 hours (written notice presumed reasonable) |
| Emergency Entry | Allowed |
What Must a South Dakota Lease Disclose?
- Lead-based paint disclosure (pre-1978 housing)
What Repairs Is a Landlord Responsible For in South Dakota?
South Dakota landlords must keep the unit fit for habitation, and a tenant can repair and deduct when the landlord does not act within a reasonable time.
What South Dakota landlords must maintain
- • Keep the premises fit for habitation and in reasonable repair (SDCL § 43-32-8)
What a South Dakota tenant can do
- • Repair and deduct after the landlord fails to act within a reasonable time
- • Vacate for serious defects
| Repair & Deduct | Yes, after reasonable notice (SDCL § 43-32-9) |
| Statute Reference | SDCL §§ 43-32-8, 43-32-9 |