Are landlords in South Dakota required to tell new tenants about past bedbug problems?

No, there is no state law that requires landlords to disclose previous bedbug infestations, but they must provide a habitable unit.

What should I do if I find bedbugs right after moving into my new apartment?

Notify your landlord immediately in writing, document the issue, and request pest control. If unresolved, contact your local health department or consider filing in Small Claims Court.

Can I withhold rent if my landlord will not fix a bedbug problem?

Withholding rent can be risky in South Dakota. Seek guidance from local authorities or legal aid before withholding any payment, as it may put your tenancy at risk.

Is there an official bedbug disclosure or complaint form for renters in South Dakota?

No, there is no official state-issued form. You should notify your landlord in writing and keep records of all communications.

South Dakota Bedbug Disclosure Laws for Renters

Moving In: Inspections & Disclosures South Dakota published: June 21, 2025

Moving into a new apartment in South Dakota should be a positive experience, but concerns about pests like bedbugs can make it stressful. If you're renting in South Dakota, it's important to know about the bedbug disclosure laws, your rights, and what steps you can take if you find bedbugs in your rental. This guide explains South Dakota's current rules, using clear language for renters.

Are Landlords Required to Disclose Bedbug Problems in South Dakota?

Currently, South Dakota has no specific state law that requires landlords to provide a written bedbug disclosure to new renters. Laws like these are common in states such as New York or California, but South Dakota does not have a statute mandating disclosure of bedbug infestations when a new tenant moves in.

What South Dakota Law Does Require for Landlords?

Even though there is no direct bedbug disclosure law, South Dakota's landlord-tenant laws do require all landlords to keep rental units in a habitable condition. This means apartments must be safe, clean, and fit to live in when you move in and throughout your lease. Under South Dakota Codified Laws § 43-32-6 (Landlord's Duty to Repair), rental properties must be maintained, and landlords must address any pest infestation that makes the property unlivable.

If a significant bedbug problem exists before you move in, the landlord is responsible for treatment.
If you believe your apartment is not habitable due to bedbugs, you may have the right to request repairs or take action through official channels.

What Should Renters Do If Bedbugs Are Found?

If you move in and discover bedbugs, take these steps:

Document the problem immediately—take photos and write notes about where and when you found evidence of bedbugs.
Notify your landlord in writing as soon as possible. Keep a copy of your communication.
Request pest control treatment and keep records of all repair or extermination efforts.
If your landlord does not respond or resolve the issue, you may be able to file a formal complaint or take legal action.

South Dakota law does not require the use of a specific form for reporting bedbugs, but using a written notice protects your interests if you need to prove you reported the problem promptly.

If you believe your rental unit is uninhabitable due to bedbugs and your landlord will not address the issue, you may contact the local housing or health department for support.

Relevant Forms and Where to Get Help

Currently, there is no South Dakota state-issued bedbug disclosure form or a standard bedbug complaint form. However, renters may use the following resources:

Written Notice to Landlord: If you discover bedbugs, give your landlord written notice. For non-emergency repairs, South Dakota does not have a form number or required document. A simple letter or email is sufficient, stating the problem, date, and request for prompt pest control.
Contacting Local Health or Housing Office: Tenants can reach out to their city or county health department if the landlord fails to respond. For example, Sioux Falls residents may contact City of Sioux Falls – Public Health.

The Official Tribunal for Housing Issues in South Dakota

South Dakota housing disputes, such as habitability or pest issues, are typically handled in Small Claims Court, part of the South Dakota Unified Judicial System. This is where you can resolve disputes if informal efforts fail.

Your Rights as a Renter: Summary

Parental disclosure laws do not specifically require bedbug reports to renters, but landlords must provide a habitable property free from serious infestations.
Communication and documentation are essential.
If all else fails, small claims court may resolve disputes, with the South Dakota Small Claims Court.

Frequently Asked Questions

Are landlords in South Dakota required to tell new tenants about past bedbug problems?
No, there is currently no South Dakota law that requires landlords to disclose previous bedbug infestations to new tenants. However, landlords must maintain a habitable rental unit, which may include addressing infestations if they exist at move-in.
What should I do if I find bedbugs right after moving into my new apartment?
Notify your landlord right away in writing, document the problem, and request pest control treatment. If there's no response, consider contacting your local health department or filing a complaint in Small Claims Court.
Can I withhold rent if my landlord will not fix a bedbug problem?
Withholding rent in South Dakota can be risky unless you have a court order. Always consult local resources or a legal expert before withholding rent, as it could put your tenancy at risk.
What government agency handles tenant complaints about bedbugs?
There is no single state agency for bedbug issues. Serious disputes can go to the South Dakota Small Claims Court, or you can contact your local city or county health department.
Is there an official bedbug disclosure or complaint form in South Dakota?
No, there is no state-issued form. Written communication (letter or email) with your landlord about bedbug problems is recommended for documentation.

Key Takeaways for South Dakota Renters

Landlords must provide a habitable rental, but are not legally required to explicitly disclose previous bedbug infestations in South Dakota.
If you find bedbugs, notify your landlord in writing, document everything, and seek action quickly.
If the problem isn’t fixed, your next steps may involve contacting local officials or pursuing a claim in Small Claims Court.

Need Help? Resources for Renters

South Dakota Unified Judicial System – Small Claims Court: File disputes involving rental or habitability issues
South Dakota Department of Labor & Regulation: General information about tenant and landlord rights
Contact your local county health department for help with unsanitary or pest-infested housing
Sioux Falls Public Health Division: Local residents’ support