Safe Drinking Water Rules for South Dakota Renters

Access to safe drinking water is a basic right for everyone renting a home in South Dakota. Understanding the state's requirements for water quality in rental properties can help renters ensure their wellbeing and seek improvements if issues arise. This article explains your rights, landlord obligations, complaint processes, and the relevant state legislation to support you if your drinking water is unsafe.

What Are the Drinking Water Standards for Rentals in South Dakota?

In South Dakota, all residential rental properties must provide water that meets the Environmental Protection Agency (EPA) National Primary Drinking Water Regulations as adopted by South Dakota law. Landlords are required to ensure water supplied to tenants is safe, clean, and meets health-based standards set by the South Dakota Department of Agriculture & Natural Resources – Drinking Water Program.

• Water from public utilities is regulated at the state and federal level.
• If water comes from a private well, the landlord is responsible for regular testing and correcting contamination.
• Signs of unsafe water (discoloration, odor, taste, illness) should be reported immediately.

Landlord Responsibilities Under South Dakota Law

Under South Dakota Codified Laws Chapter 43-32, landlords must keep rental units "fit for human habitation," which includes supplying water that is potable (safe to drink) and adequate for normal use. Failing to correct water quality problems may be a violation of the rental agreement and state law.

• Landlords must repair or resolve any situation where water is not safe or is unavailable.
• Failure to act after receiving written notice may permit tenants to seek remedies under state law.

How to Report Unsafe Drinking Water in Your Rental

If you notice water quality concerns (such as brown, cloudy, foul-smelling water or waterborne illness), take these steps:

• Document the problem with photos, samples, or doctor notes if applicable.
• Notify your landlord in writing describing the issue and request repairs or water testing.
• If the landlord does not fix the problem, you can file a complaint with the South Dakota Department of Agriculture & Natural Resources (DANR).

Relevant Official Forms and How to Use Them

• Water Quality Complaint Form (DANR Environmental Complaint Form)
  When and how to use: If your landlord does not respond to or resolve your concern, fill out this form online to report health-related water complaints for investigation by the state.
  Example: A renter uses this form after experiencing repeated stomach illnesses and noticing brown water; the landlord has not responded to written requests for testing.

Keep records of all communications with your landlord and any reports or forms you've submitted.

Your Rights if the Landlord Fails to Act

South Dakota law gives renters rights if basic health and safety are not met. If your drinking water is unsafe and the landlord refuses to address it after notice, you may have several options:

• Report the condition to the local code enforcement office or public health department.
• File a formal complaint with the DANR as described above.
• Consider filing a claim in local court to enforce the lease or seek rent abatement (reduction), if warranted.

The official body overseeing rental disputes in South Dakota is the Unified Judicial System of South Dakota, particularly Small Claims Court, for tenant-landlord disputes.

Relevant Tenancy Legislation

Tenant and landlord responsibilities for habitability, including safe water, are governed by South Dakota Codified Laws Chapter 43-32 – Landlord and Tenant.
For official drinking water rules, see the South Dakota Safe Drinking Water Act (SDCL 34A-3A).

Frequently Asked Questions

1. What can I do if my tap water in my rental is brown or smells bad?
   First, notify your landlord in writing and request testing or repairs. If there is no action, you can file a Water Quality Complaint Form with DANR and keep documentation of all communications.
2. Are landlords required to test private well water in South Dakota?
   Yes. If your rental uses a private well, the landlord is responsible for ensuring regular testing and that water meets EPA and state standards.
3. Can I withhold rent if the landlord will not fix unsafe water?
   South Dakota law does not grant an automatic right to withhold rent, but you may seek legal remedies through Small Claims Court if habitability is violated. Always consult your local court or legal aid before withholding rent.
4. Who investigates unsafe drinking water complaints?
   The South Dakota Department of Agriculture & Natural Resources investigates complaints through their environmental health team.
5. Is there a specific law covering safe water in rentals?
   Yes. State rules for rental habitability are found in SDCL 43-32 and drinking water standards are governed by SDCL 34A-3A.

Conclusion / Key Takeaways

• South Dakota law protects your right to safe, potable drinking water in your rental property.
• Tenants should notify landlords in writing about unsafe water and document everything.
• Unaddressed water complaints can be reported to the DANR; further remedies may be available through state courts.

Need Help? Resources for Renters

• DANR Environmental Complaint Form – Report unsafe water.
• Unified Judicial System of South Dakota (Small Claims Court) – For tenant-landlord legal disputes.
• South Dakota Legal Aid – Renter Information
• South Dakota Department of Health – Drinking Water Program

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1. South Dakota Codified Laws Chapter 43-32 – Landlord and Tenant
2. South Dakota Safe Drinking Water Act (SDCL 34A-3A)
3. South Dakota Department of Health – Drinking Water Program
4. Environmental Complaint Form – SD DANR
5. Unified Judicial System of South Dakota

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