Requesting Repairs Before Move-In in South Dakota

Securing a safe and healthy place to call home is a top priority for renters in South Dakota. Knowing the right steps to take if you discover issues in your rental before move-in can make all the difference. This guide outlines how to request pre-move-in repairs under South Dakota law, including your legal rights, helpful links, and relevant forms.

Understanding Your Rights to a Habitable Rental

In South Dakota, landlords are required by law to provide rental units that meet basic safety and habitability standards. This means, at the time of move-in, your rental must have working plumbing, heating, lockable windows and doors, and no dangerous or hazardous conditions. These rights are set out in the South Dakota Codified Laws Chapter 43-32: Landlord and Tenant^[1].

• All major appliances and systems should be functional
• There must be no outstanding health or safety violations
• You have the right to request that repairs be completed before you accept the property

What to Check Before Moving In

Before accepting keys or signing a move-in inspection, it’s important to do a thorough walkthrough. Look for:

• Leaks under sinks or in the bathroom
• Evidence of pests or mold
• Broken locks, doors, or windows
• Non-functioning heat, plumbing, or electrical outlets
• Damaged floors, ceilings, or walls

Move-In Inspection (Checklist)

While South Dakota does not mandate a specific inspection form, many landlords or agencies use a checklist. If available, ask to complete a written inspection with your landlord. Make sure both of you sign and receive a copy.

How to Demand Repairs Before Move-In

If you notice any issues, you should notify your landlord in writing before you move in or accept the unit.

• Describe the issue clearly (e.g., "leak under kitchen sink" or "broken window latch in bedroom")
• Request that the problem be fixed before your scheduled move-in date
• Keep a dated copy of your request for your records

Is There an Official South Dakota Form?

South Dakota does not require or provide a standardized "Repair Demand" form for renters prior to move-in. However, you can use a written notice or checklist (if provided by property management).

• Move-In/Move-Out Checklist – Usually supplied by the landlord or agency, this checklist is completed together to document property condition. If your landlord provides one, fill it out carefully and get a signed copy.
• Written Notice – A dated letter or email describing issues and your repair demand is legally valid and recommended for your own proof.

What If Repairs Aren't Completed?

If the landlord fails to fix critical problems before you move in, you have options:

• You may refuse to accept the unit or delay move-in until repairs are complete
• You can attempt to negotiate a written agreement for repairs to be completed by a certain date
• If you move in and repairs aren't done, you may notify the landlord in writing and, if necessary, seek help from South Dakota Small Claims Court or consult the South Dakota Consumer Protection Landlord/Tenant Division

Relevant Tribunal and Legislation

South Dakota Unified Judicial System - Small Claims Court handles rental disputes, including habitability or repair matters. For guidance, visit their official listing.

The main law governing residential tenancies and rental repairs is the South Dakota Codified Laws Chapter 43-32: Landlord and Tenant.^[1]

FAQ

1. Do I have to move in if major repairs aren’t finished?
   You are not required to accept the unit or move in until the property meets basic habitability standards.
2. What if my landlord won’t respond to my repair request before move-in?
   Document your request, and consider contacting the South Dakota Consumer Protection Office for advice or to file a complaint.
3. Is my security deposit affected if I delay my move-in for repairs?
   No, your security deposit should not be penalized if you have not taken possession and have informed the landlord about habitability issues in advance.
4. Can I make repairs myself and deduct from rent?
   South Dakota law does not automatically allow "repair-and-deduct" before move-in. Always get written landlord approval before arranging repairs yourself.
5. Is there a deadline for landlords to complete repairs?
   While South Dakota does not set a specific deadline, repairs should be completed in a reasonable timeframe before your scheduled move-in.

Conclusion: Key Takeaways for South Dakota Renters

• Always document unit condition and report repairs in writing before moving in
• You have the right to a safe, habitable home under South Dakota law
• If repairs aren’t completed, do not accept possession until your concerns are addressed

Act early and keep records to ensure a smooth move-in process with your landlord.

Need Help? Resources for Renters

• South Dakota Consumer Protection Landlord/Tenant Fast Facts - Details on repairs, deposits, and inspections
• South Dakota Unified Judicial System: Clerk of Courts - For legal help or filing a dispute
• South Dakota Consumer Protection Office Contact - File a complaint or get advice

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1. South Dakota Codified Laws Chapter 43-32: Landlord and Tenant

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