South Dakota Rent Control Laws: What Renters Need to Know

For renters in South Dakota, understanding your rights and protections around rent increases is an important step in planning for stable housing. While some states and cities have rent control or rent stabilization to limit how much a landlord can increase rent, South Dakota currently has no statewide rent control policies. This article explains where things stand, discusses the prospects for future rent control legislation, and offers practical guidance on protecting yourself as a renter in South Dakota.

South Dakota’s Current Position on Rent Control

As of 2024, South Dakota does not have any city or state laws that limit how much landlords can raise residential rents. In fact, under South Dakota Codified Laws § 43-32, there are no provisions for rent control or rent stabilization statewide^[1]. Rent is generally set by agreement between the tenant and the landlord, and state law gives landlords significant flexibility to set and adjust rent at the end of a rental period, provided the required notice is given.

How Rent Increases Work in South Dakota

• No rent control: There is no cap on how much rent can be increased.
• Notice requirement: Landlords must provide at least 30 days’ written notice before raising rent for month-to-month leases.
• For fixed-term leases: Rent cannot be increased during the term unless the lease agreement specifically allows it.

For more, review the South Dakota Codified Laws on Residential Leases directly.

The Future of Rent Control Legislation in South Dakota

Unlike states like New York or California, South Dakota’s legislature has not seriously considered statewide rent control. No bills relating to rent control or rent stabilization have advanced in recent legislative sessions^[2]. Additionally, South Dakota law actually prohibits local governments from enacting any rent control ordinances.

• Current legislation: Local governments are preempted (blocked) from passing rent control by state law.
• Recent efforts: No rent control measures are pending as of this year.
• Advocacy: Some local housing organizations continue to monitor housing affordability for South Dakotans, but there are no active campaigns for rent control.

Looking forward, any change in this area would require significant legislative action and broad public debate at the state level. Renters should keep an eye on the South Dakota Legislature’s bill tracker for updates on any proposed changes.

What If You’re Facing a Large Rent Increase?

If you get a notice of a significant rent hike, it’s important to:

• Confirm that the notice was given in writing and at least 30 days in advance (for month-to-month).
• Check your lease for any clauses about rent increases.
• Negotiate directly with your landlord if the increase is unaffordable—you may be able to agree on a lower amount, a payment plan, or more time to move.

Relevant Official Forms for Renters

• 30-Day Notice to Terminate Tenancy (No official form number): Used by tenants to provide written notice to move out, or by landlords to give notice to vacate or change terms (including rent). An example and template can be found on the South Dakota Attorney General Tenant-Landlord Resources. For tenants, this form is used if you wish to legally end a month-to-month rental agreement and move out.

How to Submit a Complaint or Ask for Help

• Contact the South Dakota Consumer Protection Division if you believe your rights as a tenant are being violated, including issues with rental agreements or evictions. Complaints can be submitted online or by mail.

The state does not have a specialized landlord-tenant tribunal; landlord-tenant disputes are usually handled by local courts. You can find court local information at the South Dakota Unified Judicial System website.

FAQ: South Dakota Renters and Rent Control

1. Is there rent control in South Dakota?
   No, rent control is not allowed under current state law. Landlords can set and raise rents with 30 days’ notice for month-to-month tenancies.
2. Can cities like Sioux Falls or Rapid City create their own rent control?
   No, local governments are preempted by state law from enacting rent control measures.
3. How much notice must my landlord give before a rent increase?
   At least 30 days’ written notice is required for month-to-month leases.
4. What if I receive a rent increase I can’t afford?
   Consider negotiating with your landlord, seeking assistance from local services, or planning to move. If notice wasn’t proper, talk to the Consumer Protection Division.
5. Where do I go if I have a landlord dispute in South Dakota?
   Most disputes are handled by local county courts. You can find your court at the South Dakota Unified Judicial System.

Key Takeaways for South Dakota Renters

• There are currently no rent control laws in South Dakota.
• Landlords must provide at least 30 days’ written notice before raising rent for month-to-month agreements.
• Resources are available if you need help understanding your rights or challenging unfair practices.

While rent control is unlikely soon, knowing the current laws can help you protect your housing stability.

Need Help? Resources for Renters

• South Dakota Consumer Protection Division – For tenant complaints and information
• Tenant-Landlord FAQs and Resources – Official forms and basic guidance
• South Dakota County Courts – To resolve landlord-tenant disputes
• South Dakota Codified Laws: Residential Leases – Full legal text of tenant and landlord rights

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1. South Dakota Codified Laws § 43-32: Residential Leases
2. South Dakota Legislature Bill Tracker

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