South Dakota Rules on Pet Rent, Fees & Security Deposits

If you're renting with pets in South Dakota, you may wonder about the rules around pet rent, pet deposits, and extra fees. Understanding state law is crucial for protecting your rights and avoiding surprises on your rental bill. This guide explains what landlords can (and cannot) charge in South Dakota for pet-friendly rentals.

Are Landlords Allowed to Charge Pet Rent or Fees in South Dakota?

Yes, under South Dakota law, landlords are allowed to charge pet rent, pet deposits, or nonrefundable pet fees. However, these charges are not specifically regulated—meaning there are no statewide caps on amounts for pet rent or pet deposits. Landlords set their own pet charges, which should be clearly stated in your lease agreement. There are important exceptions and protections, especially relating to service and assistance animals.

What's the Difference Between Pet Rent, Fee, & Deposit?

• Pet Rent: A recurring monthly charge for keeping a pet.
• Pet Deposit: A refundable deposit, usually collected up front, to cover potential pet-related damages.
• Pet Fee: A one-time, nonrefundable payment for allowing a pet.

South Dakota law does not directly mention these terms, so what your landlord can charge depends largely on what is in your rental contract.^[1]

Security Deposit Caps: Do They Apply to Pet Deposits?

South Dakota limits security deposits to no more than one month’s rent, unless there are special conditions that justify a higher amount and this is specified in writing. A pet deposit might be charged in addition to your regular security deposit only if justified by conditions (like unusual risks posed by certain animals), and must be reasonable and explicitly outlined in your lease.^[2]

• Maximum standard security deposit: 1 month’s rent
• Higher deposit possible if there are “special conditions” stated in writing
• Pet deposits should be detailed in your lease agreement

If you’re unsure if your deposit or fee is lawful, review your written lease and consider contacting the South Dakota Office of the Attorney General - Consumer Protection Division for official guidance.

Exception: Service and Assistance Animals

Landlords cannot charge any extra pet rent, pet deposit, or pet-related fee for service animals (such as guide dogs for blind tenants) or emotional support animals that are medically necessary. This is protected by both federal and South Dakota state laws.^[3]

What Should Be in Your Lease?

Your lease should clearly state if pets are allowed, whether you owe pet rent or deposits, and the amount and terms of any charges. Ask for everything in writing to avoid disputes later.

• If you pay a pet deposit, the lease should say if it’s refundable.
• If you pay pet rent, the monthly amount should be specified.
• Service animals and assistance animals cannot incur extra charges—make sure any denial or fee request is challenged immediately.

Relevant Official Forms in South Dakota

• South Dakota Security Deposit Return Form: Security Deposit Itemization Statement (no official form number).
  When used: If you move out and request your security deposit back, the landlord must provide this statement within two weeks of your request, detailing any deductions, including for pet-related damage.
• Service Animal Reasonable Accommodation Form: (No state standard, but HUD federal guidelines apply) HUD Service Animal Guidance.
  When used: If you have a disability that requires a service or emotional support animal, you can use a reasonable accommodation request with documentation from a healthcare provider.

Who Handles Landlord-Tenant Disputes in South Dakota?

Landlord-tenant disputes in South Dakota are overseen by local courts, but renters can seek help from the South Dakota Office of the Attorney General – Consumer Protection Division. This office provides education and can mediate some disputes, though formal resolution may require court intervention.

Relevant Legislation

• South Dakota Codified Laws – Chapter 43-32 (Landlord and Tenant)
• Americans with Disabilities Act (Service Animals Protection)

Frequently Asked Questions

1. Can my landlord charge extra rent or deposits for my dog or cat?
   Yes, unless your pet is a service or assistance animal. There are no state limits on pet rent in South Dakota, so amounts are set by the landlord and should be listed in your lease.
2. Is there any cap on how much pet rent can be charged?
   No, there is no statewide maximum cap for pet rent. Pet rent amounts are based on your rental agreement.
3. Can my landlord keep my pet deposit after I move out?
   A landlord can only keep the pet deposit for actual damages caused by your pet. They must provide an itemized statement of deductions within two weeks if you request it after moving out.
4. Does a landlord have to accept my pet?
   No, landlords can decide whether or not to allow pets, but they cannot refuse service or assistance animals that are medically required.
5. What if I believe I was wrongly charged a pet fee for my assistance animal?
   You may file a complaint with the South Dakota Office of the Attorney General – Consumer Protection Division or pursue the issue in local court.

Conclusion: Key Takeaways for South Dakota Renters

• Landlords can charge pet rent, deposits, or fees, but these must be clearly described in your lease.
• No state law limits the amount for pet rent; consult your lease for specifics.
• Service and assistance animals are always exempt from extra charges.
• Request a security deposit itemization if deductions are made for pet-related damage.

Need Help? Resources for Renters

• South Dakota Office of the Attorney General – Landlord/Tenant Resources
• South Dakota Department of Social Services – Housing Assistance
• U.S. HUD – Renting in South Dakota
• For local help, contact your county courthouse or legal aid service.

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1. South Dakota Codified Laws – Chapter 43-32
2. SDCL 43-32-6.1 (Security Deposit Limits)
3. Americans with Disabilities Act – Service Animal Protections

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