Is There Rent Control in South Dakota? 2025 Update

Renters in South Dakota are often concerned about the possibility of sudden or large rent increases, especially in changing markets. If you're searching for straightforward answers about whether rent control exists in South Dakota, or what options you have if your rent rises, this resource provides the facts and steps you can take.

Does South Dakota Have Rent Control or Rent Stabilization?

As of 2025, South Dakota does not have rent control or rent stabilization laws. There are currently no state or local limits on how much a landlord can increase rent for most residential properties. This means landlords are generally free to set or raise rents, as long as they comply with notice and lease requirements.

What Renters Need to Know

• No maximum cap on rent increases under state law
• Landlords may increase rent at lease renewal or with proper notice for month-to-month tenants
• Discrimination and retaliation protections do apply under both state and federal law

For more detail, see the South Dakota Codified Laws, Chapter 43-32: Landlord and Tenant.

Notice Rules for Rent Increases

Even without rent control, landlords must follow notice rules before raising rent in South Dakota.

• Month-to-month leases: The landlord must give 30 days' written notice before any rent increase takes effect. (SDCL 43-32-13)
• Fixed-term leases: The rent cannot be raised until the next lease term unless your lease specifically allows for it.

Are There Any Exceptions or Protections for Renters?

While there are no state-imposed rent limits, renters in South Dakota are protected from:

• Retaliatory rent increases (such as a rent hike in response to a renter making a lawful complaint)
• Discriminatory practices based on race, color, national origin, sex, disability, or family status

Retaliatory acts by the landlord (including unfair rent hikes) are addressed under SDCL 43-32-17.

Which Government Agency Handles Landlord-Tenant Matters?

There is no separate "residential tenancy board" in South Dakota. Most rental issues, including disputes over rent or eviction, are resolved in state Circuit or Magistrate Courts through the civil legal system.

Official Forms: What Should Renters Know?

• South Dakota Notice to Vacate (30-Day Notice)
  • Form use: Used by either landlord or tenant to terminate a month-to-month rental. Required if you want to end your lease in response to a new rent amount.
  • Download the Notice to Terminate Tenancy (Official PDF)
• Eviction Summons and Complaint
  • Form use: Used by landlords to initiate eviction for reasons such as nonpayment or violation of lease; renters will receive this paperwork and may respond in court.
  • See all official court forms at South Dakota Unified Judicial System Landlord-Tenant Resources.

Renters should read any court notice carefully and respond by the deadlines shown on the paperwork. If you need help, contact the court clerk or a legal assistance service.

Summary: What South Dakota Renters Should Remember

While there is no rent control or rent stabilization, South Dakota law does provide notice requirements and basic protections against retaliatory and discriminatory rent increases.

Frequently Asked Questions

1. Does South Dakota limit how much a landlord can raise rent?
   No, the state currently does not limit rent increases, but written notice must be given for changes to a month-to-month lease.
2. How much advance notice must I get before a rent increase?
   For a month-to-month rental, the landlord must give at least 30 days’ written notice before raising the rent.
3. Can a landlord increase my rent during my lease?
   Only if your lease specifically says the rent can be increased during the term. Otherwise, increases take effect at renewal.
4. What should I do if I think a rent hike is unfair retaliation?
   Document your communications and file a complaint in the appropriate court, or seek advice from legal aid organizations in South Dakota.
5. Where can I find official South Dakota landlord-tenant forms?
   See all relevant forms on the South Dakota Unified Judicial System's Landlord-Tenant Resources page.

Key Takeaways for South Dakota Renters

• South Dakota does not have rent control or rent stabilization laws as of 2025.
• Landlords must provide at least 30 days’ written notice before raising rent on a month-to-month agreement.
• Protections exist against discriminatory or retaliatory rent increases.

Need Help? Resources for Renters

• South Dakota Unified Judicial System – Landlord-Tenant Help: Guide to forms, court procedures, and FAQs
• South Dakota Department of Social Services: Can assist with housing needs and emergency programs
• Contact your local Circuit or Magistrate Court for questions regarding landlord-tenant disputes and court forms
• For legal advice, search for South Dakota Legal Aid Services

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1. South Dakota Codified Laws, Chapter 43-32: Landlord and Tenant
2. South Dakota Unified Judicial System – Landlord-Tenant Self-Help
3. SDCL 43-32-13 (Notice of Termination of Tenancy)
4. SDCL 43-32-17 (Retaliation Prohibited)

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