South Dakota Rent Caps and Local Ordinance Guide for Renters

If you rent a home or apartment in South Dakota, you may have concerns about how much your rent can be raised and whether any local ordinances protect you from sudden increases. Rent caps and rent control laws can help prevent unaffordable hikes, but South Dakota’s approach is different from some other states. This article explains the status of rent control, rent stabilization, and local ordinances in South Dakota’s cities, so you know what protections you have—and what to watch for as a renter.

Does South Dakota Have Rent Control or Rent Caps?

South Dakota does not have statewide rent control. Currently, there are no state or local rent cap laws or city ordinances limiting how much your landlord can raise rent. The state’s landlord-tenant law—known as South Dakota Codified Laws Chapter 43-32—does not set maximum limits on rent increases or how frequently they can occur.¹

City governments in South Dakota are also not authorized to pass their own rent control ordinances. This means rent stabilization policies found in other states or larger U.S. cities do not apply here.

Notice Requirements for Rent Increases

While there are no rent caps, South Dakota’s laws do require your landlord to provide advance notice before raising your rent on a month-to-month rental. By law, written notice must be given at least one full rental period beforehand—usually 30 days. If you are on a longer lease term (like one year), rent generally cannot be raised until your lease ends.

• Month-to-month rental: 30 days’ written notice is required for any rent increase
• Fixed-term lease: Rent typically cannot be changed during the lease period unless your lease says otherwise

Always check your own lease for additional rules or terms related to rent changes.

Can South Dakota Cities Pass Local Rent Control Ordinances?

South Dakota law prevents cities and counties from establishing their own rent control ordinances. This means there are currently no local rent control or rent cap regulations in Sioux Falls, Rapid City, Aberdeen, Brookings, or any other city in the state.

All rent increase protections or requirements come from statewide landlord-tenant statutes, rather than city or municipal codes. Your city may have other tenant-friendly programs or rental assistance, but not rent caps.

Official Forms for Renters: What Should You Look For?

Since there are no rent control laws, the main official forms you may encounter relate to lease notices and ending a rental agreement:

• Notice to Terminate Tenancy (Month-to-Month): If your landlord raises the rent and you cannot agree to the new terms, you may serve a written notice to end your tenancy.
  Example: If your landlord gives you a 30-day notice of rent increase, but you wish to move, give your own written notice of intent to vacate (30 days in advance), following SD law.
  Official template: South Dakota Consumer Protection Sample Notice to Vacate
• Written Notice of Rent Increase: There is no official state-issued form, but landlords are required by law to provide written notice. Always request a copy for your records.

For other landlord-tenant complaints—such as unsafe conditions—renters can contact the South Dakota Consumer Protection Office for further guidance.

Who Oversees Landlord-Tenant Issues in South Dakota?

South Dakota does not have a formal landlord-tenant tribunal or housing board. Tenant and rental disputes—including rent increase notices—are handled by the local court system (state civil courts) or mediated by the South Dakota Office of Consumer Protection.²

Relevant Tenancy Legislation

The key laws covering all rental agreements and rent matters in South Dakota are found in the South Dakota Codified Laws Chapter 43-32: Landlord and Tenant.¹

What to Do If Your Rent Is Increased

Even without rent caps, South Dakota renters do have the right to proper notice before any rent hike. If you are unable to pay or agree to an increase, you can choose to end your rental agreement. If you believe you haven’t received the appropriate notice, you may:

• Contact the landlord in writing to request the required notice
• File a complaint with the South Dakota Office of Consumer Protection
• Seek legal help through local tenant services or South Dakota Legal Aid

Frequently Asked Questions

1. Does any city in South Dakota have rent control?
   No, South Dakota does not permit cities to have local rent control or rent caps. All rent rules are set at the state level.
2. How much advance notice must a landlord give before raising rent?
   For month-to-month rentals, state law requires at least 30 days’ written notice before any rent increase takes effect.
3. Can my landlord increase rent multiple times per year?
   There is no state law limiting the number or frequency of rent increases, but 30 days' notice is always required for each change on month-to-month leases.
4. Who do I contact if I feel a rent increase is unfair or retaliatory?
   You can contact the South Dakota Office of Consumer Protection or seek guidance from small claims court for possible legal remedies.
5. Where can I find the official Landlord-Tenant Act?
   The landlord-tenant statutes are available online via South Dakota Codified Laws Chapter 43-32.

Key Takeaways for South Dakota Renters

• There are no rent control or rent cap laws in South Dakota or its cities.
• Landlords must give proper written notice before raising rent on month-to-month tenancies.
• If you have concerns or need help, state consumer protection resources are available.

Staying informed of your legal rights and local procedures can help you respond confidently to rent increases or related housing issues.

Need Help? Resources for Renters

• South Dakota Office of Consumer Protection: Rental Issues — Guidance on complaints and rental disputes
• South Dakota Codified Laws Chapter 43-32: Landlord and Tenant — Full state tenancy legislation
• South Dakota Legal Help — Free legal assistance for low-income renters

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1. South Dakota Codified Laws Chapter 43-32: Landlord and Tenant
2. South Dakota Office of Consumer Protection: Rental Issues

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