How to Document Existing Damage When Moving In (South Dakota Guide)

Moving into a new rental in South Dakota is exciting, but one crucial step is often overlooked: carefully documenting any existing damage in your unit. Doing this protects your security deposit and helps prevent misunderstandings with your landlord when you move out. South Dakota law provides important rights and responsibilities for both tenants and landlords in this process.

Why Document Move-In Damage in South Dakota?

Proper documentation ensures that you are not held responsible for pre-existing conditions, such as stains, broken fixtures, or wall marks. Under South Dakota Codified Laws Chapter 43-32, tenants are expected to maintain the property during their lease, but are not liable for normal wear and tear or damage they didn't cause.^[1]

Move-In Inspection Responsibilities

While South Dakota does not legally require landlords to provide a move-in inspection checklist, it is recommended by both state and federal agencies.^[2] Some landlords may voluntarily provide a form or invite you to a walkthrough. It is always in your interest to insist on—or create—an inspection record at move-in.

Key Inspection Steps for Renters

• Request a written inspection checklist from your landlord if one is not offered.
• Walk through the unit with your landlord, if possible, and note every issue—no matter how minor.
• Take clear, time-stamped photos or short videos of each room, focusing closely on existing damage or wear.
• Describe each issue in writing (e.g., "living room wall: two nail holes left of window; bedroom carpet: dark stain near closet").
• Keep a copy of your checklist and send a signed copy to your landlord, retaining proof of delivery.

Inspection Forms and Resources

While South Dakota does not have a state-issued move-in inspection form with a specific number, you may use or adapt generally accepted formats. Below are practical resources:

• Move-In/Move-Out Checklist (Sample):
  Recommended for documenting the condition of your rental. You can use the sample provided by the South Dakota Department of Consumer Protection. View the Sample Form.
  When to use: Complete this at move-in and again at move-out to have a clear comparison of the unit’s condition.
• Security Deposit Acknowledgement (Landlord):
  While there is no statewide official form, your landlord may issue their own security deposit form for acknowledgment of condition. Always review and keep a signed copy.

What if My Landlord Won't Do an Inspection?

If your landlord declines a walkthrough or provides no checklist, you are still protected by law. Complete your own written and photographic documentation, email copies to your landlord, and retain all records. This becomes critical evidence at lease end or if entering a dispute.

Returning Your Security Deposit: What the Law Says

Under South Dakota Codified Laws § 43-32-24, landlords must return your deposit within two weeks (14 days) after you move out, or provide a written, itemized statement of any deductions. If you disagree with any claim of new damages, your move-in records will be vital.^[3]

Where to Go for Dispute Resolution

Security deposit disputes or other landlord-tenant issues are handled through South Dakota’s Department of Consumer Protection. While there isn't a landlord-tenant tribunal, you can file complaints there or pursue the matter in Small Claims Court. Save all forms, photos, and written communications as evidence.

What South Dakota Law Covers

• South Dakota Codified Laws § 43-32 (Landlord and Tenant): Major source of tenant protections, deposit rules, repair obligations, and dispute steps.

What Renters Should Know (Summary)

Always take time and care during move-in to protect yourself—these steps can save you stress and expense later. South Dakota’s legal process generally supports careful documentation and safe deposit practices for renters.

Frequently Asked Questions About Move-In Damage in South Dakota

1. Do I have to use a specific form to document move-in damage in South Dakota?
   No, South Dakota does not require a specific form, but using a detailed checklist (such as those from the Department of Consumer Protection) and taking photos is highly recommended.
2. Will my landlord be present during the move-in inspection?
   Not always. While it's beneficial for both parties to do the inspection together, you can document independently and send your findings to your landlord.
3. How long should I keep my move-in inspection records?
   Keep these records for your entire tenancy and at least several months after moving out, in case of disputes.
4. What if my landlord claims new damage that already existed?
   Submit your dated photos, checklist, and any correspondence to demonstrate that the damage was pre-existing.
5. Where can I file a dispute over security deposit deductions?
   Start with the South Dakota Department of Consumer Protection. If unresolved, you may file a claim in Small Claims Court.

Key Takeaways for Renters

• Careful move-in documentation protects your security deposit.
• Use a written checklist and photos, even if not required by law.
• Disputes are handled through the Department of Consumer Protection or Small Claims Court.

Need Help? Resources for Renters

• South Dakota Department of Consumer Protection – Landlord-Tenant Resources: Offers forms, guides, and complaint instructions.
• South Dakota Unified Judicial System: Information on Small Claims Court and tenant dispute options.
• For free legal assistance, contact South Dakota Legal Services.

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1. South Dakota Codified Laws § 43-32
2. SD Department of Consumer Protection: Landlord-Tenant
3. SDCL § 43-32-24 – Deposit Return Law

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