Preventing Unannounced Landlord Visits in South Dakota

In South Dakota, renters are entitled to peaceful enjoyment and a reasonable right to privacy in their homes. However, you may find yourself dealing with a landlord who enters your rental without notifying you first. Understanding your rights and the proper steps you can take is crucial to ensuring your privacy and a safe living environment.

South Dakota Landlord Entry Laws: What Are Your Rights?

Under South Dakota Codified Laws § 43-32-32, a landlord can only enter your rental unit at reasonable times, and only for specific reasons such as inspections, repairs, or in case of emergencies. If your landlord is entering your home without your prior consent or notice, they could be violating South Dakota law.

When Landlords Can Enter

• With your consent (agreed appointment or entry)
• In case of emergency (flood, fire, etc.)
• To make necessary or agreed repairs, improvements, or inspections
• To show the property to prospective buyers, tenants, or contractors (with notice)

Outside of emergencies, your landlord must give you at least 24 hours’ notice before entry, unless you agree otherwise.

Notice Requirements

• 24-hour written or verbal notice is generally required for entry
• Notice must specify the reason for entry and the expected time
• Entry must occur at reasonable hours (typically between 8 am and 8 pm)

Frequent, unannounced visits violate your right to privacy. If you experience this, there are official steps you can take.

What to Do if Your Landlord Enters Without Notice

If your landlord repeatedly enters your home without the required notice, consider these action steps to protect yourself and document the issue:

• Document each occurrence: Write down dates, times, and details of every unannounced entry.
• Communicate in writing: Send your landlord a polite but firm letter or email reminding them of your rights under the law. Include references to South Dakota tenancy legislation.
• Keep all correspondence: Save emails, texts, and any notes or documentation you send or receive.
• Use official forms if issues persist: You may submit a formal complaint or use mediation services where available.

Relevant Official Forms and Where to Find Them

• Tenant Complaint Form (no specific statewide numbered form):
  
  • When to use: If repeated, unannounced entries continue after written communication, contact the South Dakota Department of Labor and Regulation, Division of Labor and Management to report the issue. Typically, you will send a written statement (there is no universal form; you may use their online contact form, by email, or by mail).
  • How to use: Explain your situation, include details of dates/times, attach supporting documentation, and cite the applicable law (SDCL § 43-32-32).
  • Contact the Division of Labor and Management

Although South Dakota does not have a statewide tenancy tribunal, complaints are handled by the South Dakota Department of Labor and Regulation, Division of Labor and Management.

Tip: Always address issues in writing and keep a copy for your records. If you fear for your safety or experience harassment, also consider contacting your local police for immediate help.

How to Protect Your Privacy and Prevent Unannounced Entries

Preventing unwanted entries is possible with clear communication and proactive steps:

• Politely remind your landlord of notice requirements under state law
• Post a written request inside your rental specifying reasonable times and notice period
• Escalate concerns to state authorities if necessary

By following these guidelines, you can address most privacy issues before they escalate.

FAQ: Common Questions About Landlord Entry in South Dakota

1. Does my landlord have to give me notice before entering in South Dakota?
   Yes, except in emergencies, your landlord must provide at least 24 hours’ notice before entering your rental unit.
2. What can I do if my landlord keeps showing up without warning?
   Document the incidents, send written reminders citing state law, and if the problem continues, file a formal complaint with the South Dakota Department of Labor and Regulation.
3. Are there exceptions when a landlord can enter without notice?
   Landlords may enter without notice only in emergencies, such as fire, water leaks, or urgent repairs needed to prevent damage or harm.
4. Can I refuse my landlord entry into my rental unit?
   You may refuse entry only if the landlord has not followed notice requirements. However, do not refuse access in emergencies or if proper notice has been given for lawful reasons.
5. Who enforces landlord entry laws in South Dakota?
   The South Dakota Department of Labor and Regulation, Division of Labor and Management handles general tenant complaints related to landlord conduct.

Summary: Key Takeaways for South Dakota Renters

• State law requires at least 24 hours’ notice for landlord entry, except in emergencies.
• Keep records and send all correspondence in writing if you experience unauthorized entry.
• For persistent issues, involve the South Dakota Department of Labor and Regulation for guidance or complaint resolution.

Taking these steps helps ensure your right to privacy and respectful treatment as a renter.

Need Help? Resources for Renters

• South Dakota Department of Labor and Regulation – Tenant Rights Guide
• Division of Labor and Management – Contact and Complaint Submission
• South Dakota Unified Judicial System – Landlord/Tenant Self-Help
• Consult local legal aid offices for free or low-cost advice related to privacy or landlord entry disputes

---

1. South Dakota Codified Laws § 43-32-32 – Landlord Entry Rights
2. South Dakota Department of Labor and Regulation – Tenant Rights
3. South Dakota Unified Judicial System – Legal Self-Help for Renters

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