Can my landlord ban smoking in my apartment building in South Dakota?

Yes. South Dakota landlords can include no-smoking rules in leases and may designate common areas or all units as smoke-free. Always check your rental agreement.

Do I have legal protection from secondhand smoke in South Dakota?

There is no statewide law against secondhand smoke in rentals, but lease agreements and nuisance laws may offer some protection. Public health complaints can be filed if necessary.

Which agency handles rental complaints about secondhand smoke?

Rental disputes are addressed by the South Dakota Circuit Courts. Health-related complaints may also be directed to the South Dakota Department of Health.

Is there an official form for secondhand smoke complaints?

There is no state-wide form. Write a notice to your landlord describing the issue and referencing your lease; for subsidized housing, contact your housing authority.

Can I break my lease because of secondhand smoke?

Only if your lease prohibits smoking and your landlord does not enforce it, or if a clear health risk exists. Seek legal advice before terminating your lease.

Secondhand Smoke Complaints: South Dakota Renters’ Rights

Health & Safety Standards South Dakota published: June 21, 2025

South Dakota renters facing secondhand smoke in their homes often want to know what rights and protections they have. Secondhand smoke can be a significant health concern, especially in multi-unit buildings. Understanding the current laws, your options, and the right steps to follow can help you address these issues confidently and effectively as a South Dakota renter.

Understanding Secondhand Smoke Issues in South Dakota Rentals

Secondhand smoke, whether from tobacco or cannabis, can be more than just a nuisance—it may impact your comfort, safety, and health. In South Dakota, there is no specific law that bans smoking or secondhand smoke exposure within private residential units. However, there are several ways you can address this issue:

Checking your lease for smoking restrictions or policies
Discussing concerns directly with your landlord
Using local health codes for support in severe health-impacting cases

South Dakota law SDCL Chapter 43-32: Tenancy Laws requires landlords to maintain rental units so they are fit for human habitation. However, currently there is no statewide ban on smoking within private residences for landlords or tenants1. Many localities and housing authorities have policies about smoking in multi-unit complexes or public housing.

Steps for Renters: Addressing Secondhand Smoke

If you’re experiencing unwanted secondhand smoke in your rental unit, follow these steps to seek resolution:

Review your rental agreement for any clauses related to smoking or nuisance.
Document each incident, noting dates, times, and how it affects your enjoyment or health.
Communicate your concern to your landlord in writing, requesting a solution.
Contact your local public health department if secondhand smoke is seriously affecting your health or that of your household.
If your landlord fails to respond and your lease has a no-smoking rule, consider using official forms or contacting the relevant tribunal.

Reporting to Your Landlord: Practical Example

If your lease states your unit or the building is smoke-free, and you are being affected by a neighbor’s smoke, you may use a Written Notice of Lease Violation to notify your landlord. This is not a standardized state form, but you should keep records and send all communications in writing. Explain the issue, cite the lease clause, and request that the landlord address the violation.

The South Dakota Tribunal for Rental Disputes

South Dakota does not have a specialized landlord-tenant tribunal. Instead, housing disputes related to tenancies are typically handled in South Dakota Unified Judicial System – Circuit Courts. For complaints about unresolved lease violations—like ongoing secondhand smoke in contravention of a lease clause—you may need to file a claim in small claims or circuit court.

Relevant Legislation for Renters

If the smoke exposure is causing major health hazards, you may also contact the South Dakota Department of Health for further assistance or to lodge a public health complaint.

Forms and How to Use Them

Written Notice of Lease Violation – Use this template letter to formally notify your landlord of a smoking complaint that violates your lease. Clearly describe the situation, provide evidence, and request that the landlord address the issue. [No official form number; draft your own letter.]
Tenant Complaint to Local Health Department – In buildings subject to public housing or HUD regulation, check with your local housing authority for any official complaint forms. See the South Dakota Department of Health for guidance.

Always keep a copy of any forms or complaints you submit.

FAQ: Your Secondhand Smoke Rights in South Dakota Rentals

Can my landlord ban smoking in my apartment building in South Dakota?
Yes. Landlords may include no-smoking rules in leases and can designate common areas or all units as smoke-free. Check your rental agreement for such policies.
Do I have legal protection from secondhand smoke in South Dakota?
There is no statewide law banning secondhand smoke in private rentals, but lease agreements and nuisance laws may provide some recourse. If your health is at risk, contact the health department.
Which agency handles rental complaints about secondhand smoke?
South Dakota rental disputes are resolved in the state’s Circuit Courts. Public health complaints may be addressed by the Department of Health.
Is there an official form for secondhand smoke complaints?
No official state-wide form exists for these complaints. Draft a written notice to your landlord describing the problem and referencing your lease. For public or subsidized housing, contact your managing authority for specific procedures.
Can I break my lease because of secondhand smoke?
Only if your lease has a no-smoking clause and the landlord fails to enforce it, or if the smoke poses a proven health hazard. Seek legal advice before taking this step.

Key Takeaways for South Dakota Renters

Review your lease and communicate smoke concerns in writing to your landlord
Document each incident carefully, keeping records for possible legal action
Contact local health departments or Circuit Courts if the issue seriously impacts your health or lease rights

If secondhand smoke becomes a long-term problem and communication fails, understanding your legal options in South Dakota is critical to protecting your home and well-being.

Need Help? Resources for Renters

South Dakota Landlord-Tenant Guide (PDF)
South Dakota Department of Health – Health complaints and resources
South Dakota Housing Development Authority – Rental housing queries, policies, and tenant support
South Dakota Unified Judicial System (Circuit Courts) – For legal dispute filing and small claims info

See South Dakota Codified Laws – Chapter 43-32 (Landlord and Tenant)
South Dakota Department of Health: Tenant health complaints
South Dakota Unified Judicial System: Rental disputes and small claims
South Dakota Housing Development Authority