How to Negotiate Rent Increases at Lease Renewal in South Dakota

When your lease in South Dakota is up for renewal, you might be notified of an increase in your rent. While this can be stressful, understanding your rights and the legal requirements landlords must follow will help you confidently navigate and, if needed, negotiate rent increases at renewal time. This article offers guidance specifically for South Dakota renters.

Understanding Rent Increases at Renewal in South Dakota

In South Dakota, landlords can generally increase rent at the end of a lease, but only if they provide proper advance notice and the increase isn’t for discriminatory or retaliatory reasons. There is no state-wide rent control or cap on rent increases. However, a landlord must follow certain procedures, which differ depending on whether your lease is fixed-term or month-to-month.

Required Notice for Rent Increases

• Month-to-month rental: Landlords must provide tenants with at least 30 days' advance written notice before increasing rent. The notice period must be equal to the interval between rent payments if it's less than thirty days. Read SDCL 43-32-13.
• Fixed-term lease: Rent cannot be increased during the term unless the lease allows for it. Increases can only be imposed at lease renewal, and tenants must have advance notice if the landlord intends to change lease terms.

Notices can be delivered in person or via mail. If you receive a notice of rent increase, check both its timing and whether it complies with your lease agreement and state law.

Can Tenants Negotiate Rent Increases?

Yes, renters have the right to negotiate. When you receive a notice of a rent increase, you can:

• Ask your landlord for a lower increase or to keep your rent the same
• Propose a compromise, such as signing a longer lease for a lower increase
• Offer to make minor repairs or upgrades in exchange for stable rent
• Request added amenities or improvements in exchange for a higher rent

Approach negotiations respectfully and in writing. Document all communication. While landlords are not obligated to agree, clear, positive communication can sometimes lead to a favorable outcome.

Relevant Official Forms for South Dakota Renters

• Notice to Vacate
  • Name/Number: No state-issued standardized form, but a Written Notice to Vacate is required
  • When Used: If you choose not to accept the rent increase and intend to move out, you must give your landlord written notice at least 30 days before vacating for a month-to-month agreement. Example: A tenant receives a notice of a rent increase and decides not to renew; they may draft their own written notice stating their intent to vacate.
  • See guidance from the South Dakota Attorney General on notices
• Complaint Form – Division of Consumer Protection
  • Name/Number: Consumer Complaint Form from the South Dakota Division of Consumer Protection
  • When Used: If you believe your landlord is increasing rent unlawfully or retaliatorily, you can submit this form. Example: If a landlord raises rent after a tenant requests repairs, the renter may file a complaint.
  • Access the South Dakota Consumer Complaint Form

Key Legal Protections

• No Rent Control: South Dakota does not have state or local rent control.
• No Retaliation Allowed: Landlords cannot raise rent in retaliation for tenants exercising legal rights, such as requesting repairs or reporting unsafe conditions. See SDCL 43-32-17.
• Written Notice: All changes to the lease—including rent increases—must be given in writing.

What If You Disagree With the Rent Increase?

If you cannot come to an agreement, you have the right to:

• Accept the new rent and sign the renewed lease
• Negotiate and try to find a solution
• Reject the increase and provide proper notice to move out
• Contact South Dakota Division of Consumer Protection if you suspect retaliation, discrimination, or unlawful practices

The South Dakota Division of Consumer Protection is the main authority handling landlord-tenant issues in the state. While South Dakota does not have a specific landlord-tenant board or tribunal, this office will review complaints and may offer mediation or advice.

South Dakota Landlord-Tenant Laws and Where to Find Them

Your primary legal protections are found in the South Dakota Codified Laws Chapter 43-32 – Landlord and Tenant. Review sections on notice of termination, retaliation, and lease renewals for the most relevant statutes.

FAQ: Rent Increases and Lease Renewals in South Dakota

1. How much notice must my landlord give before raising rent in South Dakota?
   Most tenants must receive at least 30 days’ written notice before a rent increase for month-to-month agreements.
2. Can my landlord increase my rent during the middle of a fixed-term lease?
   No, unless your lease contract specifically allows mid-term increases.
3. What can I do if I believe my rent is being increased in retaliation?
   You can file a complaint with the South Dakota Division of Consumer Protection using their official complaint form.
4. Are there limits to how much my landlord can raise rent?
   There is no cap on rent increases in South Dakota, as there is no rent control.
5. What if I want to move out instead of accepting the rent increase?
   You must provide your landlord with proper advance written notice, typically at least 30 days for month-to-month tenancies.

Conclusion: Key Takeaways for Renters

• South Dakota law requires advance written notice for rent increases, with at least 30 days’ notice for most renters.
• You can—and should—negotiate if a proposed rent increase is unaffordable or unfair.
• Know your right to file a complaint if you suspect discrimination or retaliation.

Understanding these key points can help you approach lease renewals with more confidence, whether you negotiate, renew, or decide to move on.

Need Help? Resources for Renters

• South Dakota Division of Consumer Protection: File complaints, seek mediation, and get renter-landlord guidance.
• South Dakota Attorney General: Landlord-Tenant Guide: State guidelines for leases, notices, and tenant rights.
• South Dakota Codified Laws Chapter 43-32: Full text of the state’s landlord-tenant statutes.

---

1. South Dakota Codified Laws (SDCL) 43-32-13 – Notice for ending tenancies and rent changes.
2. SDCL 43-32-17 – Protection from retaliation.
3. SD Codified Laws, Chapter 43-32 – Landlord and Tenant.
4. South Dakota Division of Consumer Protection.
5. South Dakota Attorney General: Landlord Tenant Information.

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