South Dakota Rent Increase Laws: Mid-Lease Changes Explained

If you rent your home in South Dakota, understanding your rights about rent increases is essential—especially if your landlord proposes a change before your lease term ends. Knowing what's legal (and what isn't) can help you feel more secure and prepared if you receive a rent hike notice. This guide explains your renter rights, relevant laws, and practical steps you can take if your rent is being raised before your lease is up.

South Dakota Law: Can Landlords Increase Rent Mid-Lease?

In South Dakota, a lease agreement (sometimes called a fixed-term lease) is a binding contract that sets out the monthly rent, dates, and other terms. The key principle is: Landlords generally cannot raise your rent during an active lease period, unless your lease specifically allows for increases.

• If your lease is for a fixed period (e.g., one year), the agreed rent amount is legally locked in for that term.
• Mid-lease rent increases are only allowed if your written lease includes a clause permitting changes (for example, a cost-of-living adjustment).
• Month-to-month renters may have their rent raised, but proper advance notice must be given before the increase takes effect.

South Dakota’s primary legislation governing tenancy rights is the South Dakota Codified Laws Chapter 43-32 — Landlord and Tenant^[1].

What If Your Lease Does Not Mention Rent Increases?

If your lease does not contain a provision allowing mid-lease rent increases, your landlord cannot raise your rent until the lease expires. You can refer to your lease or contact the Office of the South Dakota Attorney General for guidance if you are unsure about your document's terms.

Notice Requirements: Month-to-Month and Lease Renewals

If you rent month-to-month (not on a fixed-term lease), your landlord can increase your rent, but only after giving you at least thirty (30) days' written notice before the end of the monthly rental period per SDCL § 43-32-13^[2]. For lease renewals, any rent increase terms should be clearly stated in the new agreement.

Relevant Forms and Processes for South Dakota Renters

• Notice of Rent Increase (No official statewide form): South Dakota does not provide an official form for landlords to give notice of a rent increase. However, the notice must:
  • Be in writing
  • State the new rent amount and effective date
  • Be delivered to you at least 30 days before the new rent applies (if month-to-month)

  Example: If your landlord gives you written notice of a rent increase on June 1, the new rent cannot be charged until July 1.

  See official guidelines from the South Dakota Office of the Attorney General – Landlord/Tenant Rights FAQs^[3].

• Complaint Procedures:
  • There is no specialized tribunal for residential tenancies in South Dakota. Disputes typically go through your local Circuit Court.
  • If you believe your landlord is violating your lease terms, you may file a civil complaint in the circuit court.
  • Seek support from the South Dakota Office of the Attorney General – Consumer Protection Division if your rights are being violated.

Your Action Steps if Facing a Rent Increase

• Review your lease carefully to see if mid-lease rent hikes are allowed.
• If you receive a notice, check the date and ensure it provides adequate notice per the law.
• Contact your landlord in writing if you believe the increase is not allowed.
• For unresolved disputes, consult the Attorney General’s Consumer Protection Division or seek legal advice.

South Dakota's Tenant Rights Legislation

The governing rules regarding rent increases and residential leases are found in the South Dakota Codified Laws Chapter 43-32: Landlord and Tenant. For month-to-month agreements, see especially Section 43-32-13. Fixed-term leases are covered under Sections 43-32-4 and 43-32-12^[1][2].

Frequently Asked Questions

1. Can my landlord raise the rent before my fixed-term lease is up in South Dakota?
   No, unless your lease specifically allows mid-lease increases. Otherwise, your rent amount is set for the duration of your lease.
2. How much notice must my landlord give me for a rent increase if I’m month-to-month?
   Your landlord must provide at least 30 days' written notice before increasing rent in a month-to-month agreement.
3. What can I do if my landlord tries to increase the rent illegally?
   First, reference your lease and communicate with your landlord. If the issue isn’t resolved, you may contact the Attorney General’s Consumer Protection Division or consider filing a complaint in Circuit Court.
4. Is there a maximum amount landlords can increase the rent in South Dakota?
   There are currently no rent control or caps in South Dakota, so the landlord can increase rent by any amount as long as they follow notice requirements and your lease terms.
5. Where can I get official legal forms or help if I have a dispute about rent?
   Official forms for legal proceedings are available via the South Dakota Unified Judicial System – Forms. For guidance, you may contact the Attorney General's Office or seek help from local legal aid.

Key Takeaways for South Dakota Renters

• Your landlord cannot raise your rent mid-lease unless your lease explicitly allows it.
• Month-to-month renters must get 30 days’ written notice for a rent increase.
• If you receive an unlawful rent increase, you can seek help from the Attorney General’s Consumer Protection Division or your local circuit court.

Always review your lease terms and know your legal protections before agreeing to any changes.

Need Help? Resources for Renters

• South Dakota Attorney General – Landlord/Tenant Rights FAQ
• Consumer Protection Division, Office of the Attorney General (Phone: 1-800-300-1986) – for complaints and renter rights advice
• Find Your Local Circuit Court – for disputes requiring court intervention
• South Dakota Unified Judicial System – Legal Forms

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1. South Dakota Codified Laws, Chapter 43-32: Landlord and Tenant
2. South Dakota Codified Laws § 43-32-13: Month-to-Month Tenancy and Notice
3. South Dakota Office of the Attorney General — Landlord/Tenant Rights

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