Landlord Guide to Renting in South Dakota

South Dakota recognizes both written and oral rental agreements. However, any lease with a term exceeding one year must be in writing under the state's Statute of Frauds (SDCL § 53-8-2). Written leases should clearly outline the rent amount, due date, lease term, and the obligations of each party.

• Written and oral leases are permitted; leases over one year must be in writing
• Month-to-month tenancies are created when no fixed term is specified
• Lease terms are largely unrestricted — landlords and tenants may negotiate freely
• All lease provisions must comply with SDCL Chapter 43-32

Under SDCL § 43-32-6.1, landlords may collect a security deposit of up to one month's rent. There is no requirement to hold the deposit in a separate account or to pay interest on it. The deposit may be used to cover unpaid rent and damages beyond normal wear and tear.

• Maximum deposit: one month's rent (SDCL § 43-32-6.1)
• No requirement to hold deposits in a separate or escrow account
• No interest payment required on security deposits
• Higher deposits may be charged if there is a special agreement regarding pets or other conditions, but reasonableness applies

South Dakota law requires relatively few mandatory disclosures compared to other states. Federal lead-based paint disclosure rules still apply to all properties built before 1978.

• Lead-based paint disclosure for pre-1978 properties (federal requirement, 42 U.S.C. § 4852d)
• Name and address of the landlord or authorized agent who can receive notices and service of process
• Methamphetamine contamination disclosure if the landlord has knowledge of prior contamination (SDCL § 43-32-30)

Rent is due on the date specified in the lease agreement. South Dakota does not mandate a statutory grace period. Late fees are permitted if provided for in the lease, though they should be reasonable and not considered a penalty.

• No statutory grace period for rent payments
• Late fees are enforceable if stated in the lease and reasonable in amount
• Landlords may specify acceptable payment methods in the lease
• There is no state limit on returned check fees beyond general contract law

Under SDCL § 43-32-8, landlords must maintain the rental premises in a habitable condition and comply with all applicable building and housing codes. The landlord is responsible for keeping common areas safe, maintaining structural components, and ensuring essential services are functional.

• Maintain premises in compliance with building and housing codes (SDCL § 43-32-8)
• Keep common areas clean and safe
• Maintain plumbing, heating, electrical, and ventilation systems
• Provide running water, reasonable hot water, and adequate heat

South Dakota requires landlords to provide at least 24 hours' notice before entering a rental unit, except in emergencies. Entry must be at reasonable times and for legitimate purposes such as inspections, repairs, or showing the property (SDCL § 43-32-32).

• Minimum 24 hours' notice required for non-emergency entry (SDCL § 43-32-32)
• Entry must be at reasonable times
• No notice is required for genuine emergencies
• Tenants may not unreasonably withhold consent to entry

South Dakota does not impose rent control or limit the amount or frequency of rent increases. For month-to-month tenancies, landlords must provide at least one full rental period's notice (typically 30 days) before a rent increase takes effect. During a fixed-term lease, rent cannot be changed unless the lease permits it.

• No rent control — landlords may set rent at market rates
• At least one rental period's notice required for month-to-month increases
• Rent increases during a fixed-term lease require a lease provision allowing it
• Increases must not be retaliatory or discriminatory

The notice period for terminating a tenancy in South Dakota depends on the type of agreement. Fixed-term leases expire automatically at the end of the stated term unless the lease requires advance notice of non-renewal.

• Month-to-month tenancy: at least one full calendar month's written notice, effective at the end of the next month (SDCL § 43-32-13)
• Week-to-week tenancy: 7 days' written notice
• Fixed-term lease: no notice required unless the lease states otherwise
• Nonpayment of rent: 3 days' notice to quit (SDCL § 21-16-1)

South Dakota evictions are handled through a Forcible Entry and Detainer (FED) action filed in circuit court. The landlord must serve the required notice before filing. For nonpayment of rent, the landlord must give 3 days' notice to quit before commencing the action (SDCL § 21-16-1).

• Serve the appropriate notice (3 days for nonpayment, lease-specific for violations)
• File a Forcible Entry and Detainer complaint in circuit court
• The tenant is served with a summons and has the opportunity to respond
• If the court rules for the landlord, a writ of possession is issued for removal

Under SDCL § 43-32-24, landlords must return the security deposit within two weeks after the tenant vacates and provides a forwarding address, provided there is no damage dispute. If there are deductions, the landlord must provide an itemized statement. If the landlord intends to withhold any portion, they must mail the statement within 14 days along with any remaining balance.

• Return deadline: 2 weeks (14 days) after the tenant vacates and provides a forwarding address (SDCL § 43-32-24)
• Permissible deductions: unpaid rent, damages beyond normal wear and tear
• An itemized list of deductions must accompany any withheld portion
• Failure to comply may entitle the tenant to recover the full deposit plus penalties