How Long Does a Landlord Have to Make Repairs in South Dakota?

If you are renting in South Dakota and discover a broken heating system, leaky faucet, or other problems in your home, you have the right to expect a safe and livable space. But how long can a landlord take to fix issues? This guide explains South Dakota law, what counts as an urgent repair, the steps you should take, and where to get help.

Your Right to a Habitable Home in South Dakota

South Dakota law requires landlords to ensure your home is “fit for human habitation,” meaning it must have working heat, plumbing, electricity, and be reasonably safe and clean. The primary law covering these issues is the South Dakota Codified Laws Chapter 43-32 – Landlord and Tenant^[1].

What Types of Repairs Are Landlords Required to Make?

• Major repairs: Anything that affects health or safety such as no running water, lack of heat in winter, gas leaks, or faulty wiring.
• Minor repairs: Dripping faucets, cracked windows, or damaged flooring—these should be fixed but may not be urgent.

The law does not require landlords to immediately fix normal wear and tear, cosmetic issues, or problems you caused yourself.

How Long Can a Landlord Take to Fix Problems?

South Dakota law does not set a fixed number of days for landlords to make every repair. However, it does require that landlords act "within a reasonable time" after being notified of a problem. What’s considered reasonable can depend on the type of issue:

• Emergencies (no heat, water, or unsafe conditions): Landlords should respond as soon as possible—usually within 1-3 days.
• Non-emergencies: For less urgent repairs, "reasonable" is often interpreted as 14 days after written notice.

If your landlord fails to make necessary repairs within a reasonable time after you provide written notice, you may have legal options (see action steps below).

How to Request Repairs and Document Problems

Notifying your landlord properly is essential. Always make your request in writing and keep a copy. Here’s how you can formally notify your landlord:

• South Dakota Notice to Landlord Form: While South Dakota does not provide a standard state form, you can create a letter describing the problem, date, and requested repair. State law recommends written notice.

Example: If your heating stops working in January, immediately write a letter or email your landlord explaining the problem and requesting repair within a few days.

What If Repairs Aren't Made?

If your landlord still does not fix the problem after you notify them in writing and allow a reasonable time:

• You may be able to terminate your lease (with written notice) under SDCL 43-32-9^[2].
• You may also seek help from the small claims division of your local court (Clerk of Courts).

Official Tribunal and Complaint Actions

There is no separate tenant tribunal in South Dakota. Residential disputes go through local circuit courts or Clerk of Courts offices. For habitability and urgent repairs, you can:

• File a formal complaint through your local housing authority if you have a Housing Choice Voucher.
• Pursue small claims or legal remedies in state court for failure to repair.

Relevant Forms

• Written Notice to Landlord: Write a dated letter with details about the needed repairs and keep a copy for your records. No official state form exists, but this documentation is required under SDCL 43-32-9.
• Small Claims Complaint Form: To request repairs or damages in court, use the Petition for Small Claims form. Attach evidence (your written notice, photos, receipts, etc.).

Learn more at the Clerk of Courts website or read about actions under SDCL 43-32-9.

FAQ: South Dakota Landlord Repair Timeframes

1. How quickly must a landlord fix an unsafe condition?   
   For dangerous or health-threatening issues (like gas leaks or no heat in winter), landlords should act as soon as possible, typically within 1-3 days.
2. Can I withhold rent until repairs are made?   
   South Dakota law does not give tenants the automatic right to withhold rent. You must follow proper notice procedures before considering lease termination or legal action.
3. Is there an official South Dakota tenant complaint board?   
   South Dakota uses its circuit courts and Clerk of Courts offices for disputes. There is no separate state tribunal for landlord-tenant issues.
4. What evidence should I collect if repairs aren’t made?   
   Take photos of the problem, keep copies of all written notices and emails, and record dates of communication with your landlord.
5. What can I do if my landlord still doesn't respond?   
   You can consider terminating your lease under SDCL 43-32-9 or filing a small claims action through your local court.

Summary: Key Takeaways for Renters

• Send all repair requests in writing and keep copies for your records.
• Landlords must fix serious problems in a reasonable time—legally, as soon as possible for emergencies, or within about 14 days for routine repairs.
• If your landlord fails to act, you have steps you can take, such as providing notice or going to small claims court.

Need Help? Resources for Renters

• South Dakota Unified Judicial System – Clerk of Courts: File complaints or get information about small claims actions.
• South Dakota Housing Development Authority: Housing resources and renter assistance programs.
• South Dakota Department of Social Services – Legal Services
• South Dakota Codified Laws – Landlord and Tenant (Chapter 43-32)

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1. [1] South Dakota Codified Laws Chapter 43-32 – Landlord and Tenant
2. [2] SDCL 43-32-9 – Failure of landlord to repair and tenant’s remedies

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