How South Dakota Renters Can Address Rent Overcharges

Renters in South Dakota may be concerned about sudden rent increases or potential overcharges. Understanding your rights and the processes around rent complaints is essential, especially since South Dakota has different rent control rules than some other states. This guide explains how renters can handle situations where they believe they have been overcharged for rent, with a focus on official procedures and available support.

Understanding Rent Overcharges in South Dakota

South Dakota does not have statewide rent control or rent stabilization laws. That means there are generally no limits on how much a landlord can charge or raise rent unless both parties agreed to terms in a written lease. However, there are still legal rights and procedures for renters who believe they have been charged more than what their lease or state law permits.

What Counts as a Rent Overcharge?

In most cases in South Dakota, a rent overcharge may occur if:

• Your lease specifies a set monthly rental amount and you are charged more than that during the lease term.
• The landlord collects extra, non-disclosed fees without clear agreement in the lease.
• You are charged excessive late fees, or fees not permitted by law.

Note that increases are typically allowed once a lease ends or during a month-to-month arrangement, so long as proper notice is given.

Your Rights as a Renter

The South Dakota Codified Laws Chapter 43-32 — Landlord and Tenant Act outlines the rights and responsibilities for both parties¹. While rent control is not provided, tenants have rights regarding notice of rent increases and transparency in lease terms.

If You Suspect a Rent Overcharge

• Review your lease agreement and ensure all charges match the terms.
• Request an itemized statement from your landlord if you see unexplained fees.
• Communicate in writing with your landlord to address discrepancies.
• Gather documents, emails, and receipts as evidence.

Filing a Rent Overcharge Complaint

While there is no state rent control board, renters may still take official action if they believe the landlord is violating the lease or state law. Here’s what you can do:

Official Forms and How to Use Them

• Notice of Complaint (General Civil Complaint Form)
  South Dakota General Civil Complaint (Form CIV-01)
  When to use: If your landlord refuses to resolve a suspected overcharge, you may file this complaint form in your local small claims court.
  Example: If your lease says rent is $800 but you are consistently charged $850 and your landlord does not correct this, you can submit Form CIV-01 to the clerk of courts in your county. Be sure to include relevant lease documents and your communications.

The South Dakota Unified Judicial System — Clerks of Court oversees small claims and civil complaints about rental disputes². There isn’t an independent housing tribunal or board; these matters are resolved within the state’s court system.

Step-by-Step: How to Address a Rent Overcharge

• Double-check your lease and rental receipts for accuracy.
• Contact your landlord in writing with specific concerns.
• Keep written records of all responses.
• If unresolved, complete Form CIV-01 and file it at your local small claims court. Bring supporting evidence.
• If a court date is set, attend to present your case and evidence.

These steps ensure you’re prepared and following the official process for South Dakota renters.

FAQ: South Dakota Rent Overcharge Complaints

1. Can my landlord raise my rent without notice in South Dakota?
   No. For month-to-month leases, South Dakota law requires that your landlord give at least one full rental period’s notice before increasing rent.
2. Is there a cap on rent increases or overcharges?
   No, there are no statewide limits, but your landlord must follow your lease terms and provide proper notice.
3. What should I do if my landlord ignores my overcharge complaint?
   If talking doesn’t resolve the issue, you can file a General Civil Complaint (Form CIV-01) in small claims court with supporting documents.
4. Are there any rent control protections in South Dakota?
   No. South Dakota does not have rent control or rent stabilization laws.
5. Does the state provide free legal help for renters?
   While not required, you can contact South Dakota Legal Aid Services or see local resources for guidance.

Need Help? Resources for Renters

• South Dakota Clerks of Court Directory: File complaints and access forms
• South Dakota Landlord & Tenant Act (Chapter 43-32): State rental laws
• South Dakota Legal Aid Services: Information and possible legal assistance
• South Dakota Department of Social Services: Support services for tenants in hardship

---

1. South Dakota Codified Laws Chapter 43-32 — Landlord and Tenant Act
2. South Dakota Unified Judicial System — Clerks of Court

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations