Landlord Rights to Show Apartments During Move-Out in South Dakota

As a South Dakota renter preparing to move out, you may be wondering whether your landlord can show your apartment to prospective tenants while you’re still packing up. Understanding your rights can help you plan and avoid unnecessary stress during your final days in the rental.

When Can a South Dakota Landlord Show Your Apartment?

In South Dakota, landlords do have the legal right to enter and show an apartment to prospective renters or buyers, but only under certain conditions. Entry rules are set by the South Dakota Codified Laws Chapter 43-32: Landlord and Tenant Law.^[1]

• Notice: Your landlord must give you at least 24 hours’ written notice before entering to show the unit.
• Reasonable Times: Showings must occur at reasonable times—generally during normal business hours unless you agree to another time.
• Purpose: Showing the unit to future tenants or buyers is considered a valid reason for entry.
• Your Consent: South Dakota law does not require your express consent if proper notice is given, but your privacy must be respected.

This means your landlord cannot just drop by unannounced or schedule multiple back-to-back showings in a way that interferes with your ability to move out.

Notice Requirements and Practical Steps

Landlords should provide "reasonable notice"—defined in South Dakota as at least 24 hours—unless the situation is an emergency. Notices can be delivered in writing (either handed to you personally or left at your residence).

• Landlords may use a written note, email, or official tenant portal to deliver notice.
• If you prefer to coordinate specific days or times, communicate this to the landlord in writing.

If you believe your landlord is not following proper notice procedures, document all entry attempts and communications. This creates a helpful record if disputes arise.

Relevant Forms and Where to Access Them

• Notice of Intent to Enter (No SD State Form Number)
  While South Dakota does not provide an official entry notice form, landlords should give written notice referencing South Dakota Codified Laws § 43-32-32.
  Example: If your landlord leaves a written note on your door stating the date and time for a showing, that counts as required notice. Always keep a copy for your records.
• Complaint to the South Dakota Office of Hearing Examiners
  If a landlord repeatedly enters without notice or violates your rights, you may file a complaint with the South Dakota Office of Hearing Examiners—the tribunal handling landlord-tenant disputes.
  To start a complaint, use the online filing instructions and contact provided by the Office. Be prepared to describe the entry incidents and attach copies of any notices or correspondence.

There are no specialized forms for renters to deny entry, but renters can reply in writing to document any concerns or to suggest alternate showing times.

Your Options if Entry Rights Are Violated

If your landlord:

• Enters without giving proper notice
• Shows the apartment at unreasonable hours
• Becomes disruptive during your move-out period

You can take these steps:

• Politely remind the landlord (in writing) of the 24-hour notice requirement
• Document each incident (dates, times, witnesses, communications)
• Seek help from the Office of Hearing Examiners for mediation or to formally resolve disputes

Summary: South Dakota Laws on Showings During Move-Out

You are not required to allow showings at any time your landlord wants, but you cannot deny all access if your landlord follows legal notice requirements. The law aims to balance your right to privacy with the landlord's right to market their property.

FAQ: South Dakota Renters' Rights During Showings

1. Can a landlord enter my apartment without notice in South Dakota?
   No. Landlords must provide at least 24 hours’ written notice before entering for showings, except in emergencies.
2. What should I do if I need more time to pack?
   Communicate with your landlord in writing to request specific showing times that work for you. Most landlords will accommodate reasonable requests.
3. Can I refuse to allow showings altogether?
   No, you cannot refuse all showings if the landlord provides proper notice and a reasonable time. However, you may agree on alternate times to reduce disruption.
4. Who do I contact if my landlord repeatedly ignores entry laws?
   You can contact the South Dakota Office of Hearing Examiners to file a complaint.
5. Is there an official form to stop showings?
   No. There is no state form to prevent showings, but you should document any requests or objections in writing.

Conclusion: Key Takeaways for Renters

• South Dakota landlords must provide at least 24 hours’ written notice for showings during your move-out.
• You have a right to reasonable privacy and can request certain showing times.
• If entry laws are ignored, document everything and seek help from the state tribunal as needed.

Protect your peace of mind by communicating openly and understanding your rights under South Dakota law.

Need Help? Resources for Renters

• South Dakota Office of Hearing Examiners – State tribunal for landlord-tenant disputes, including complaints about entry or privacy.
• South Dakota Department of Human Services – Renters’ Rights – Official guidelines and support contacts for renters.
• South Dakota Codified Laws: Landlord and Tenant Law – The full state legislation covering tenant rights and landlord entry rules.

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1. South Dakota Codified Laws Chapter 43-32: Landlord and Tenant
2. South Dakota Office of Hearing Examiners – Residential Landlord-Tenant Disputes

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