South Dakota Rental Smoking Rules: What Every Tenant Should Know

Understanding the rules around smoking in South Dakota rental housing is key for every renter moving in. Landlords can set smoking policies – whether permitting, prohibiting, or restricting tobacco, marijuana, or vaping – and these rules may impact your daily living. Ensuring you know what's allowed not only protects your rights but also helps avoid unexpected fees or disputes. This article explains the essentials of South Dakota's laws and best practices for renters encountering smoking policy issues.

Overview: Smoking Policies in South Dakota Rental Units

South Dakota does not have statewide laws requiring all rentals to be non-smoking. Instead, landlords decide if smoking is permitted or banned on their property. However, they must clearly disclose their policy in the rental agreement. Here’s what renters should know:

• Landlords can set smoking restrictions: They may ban smoking entirely, allow it in certain areas, or permit it throughout the rental.
• Policies must be outlined in your lease: Look for clear language about smoking in your rental contract before signing.
• Failure to follow the lease could lead to fees: Violating a smoking ban may result in penalties, repair costs, or even eviction following proper procedure.
• Secondhand smoke concerns: If smoke drifts from other units or common areas, you may have options to address the issue, depending on your lease and building structure.

Does South Dakota Law Require Smoking Disclosure?

South Dakota state law does not specifically require separate written disclosure about smoking policies, but it’s standard practice to include smoking rules in the rental agreement. Section 43-32 of the South Dakota Codified Laws – Landlord and Tenant outlines the general duties of landlords and tenants, including care for the premises.¹

Common Types of Smoking Policies

• Non-Smoking: No smoking allowed anywhere on the property (including units, patios, or common areas).
• Designated Smoking Areas: Allowed only in specific outdoor zones.
• Partial Restrictions: No indoor smoking, but allowed on balconies or certain outdoor spaces.
• Completely Permitted: Smoking allowed anywhere unless otherwise restricted.

Policies may also apply to vaping, medical marijuana, and other smoking devices. Always read the full lease language before signing.

Renter Protections and Landlord Responsibilities

While South Dakota gives landlords flexibility in setting smoking rules, tenants still have basic rights:

• Rental units must meet health and safety standards, regardless of smoking policy
• Damage caused by smoking (like burns or lingering odors) can result in deductions from your security deposit
• Tenants concerned about health impacts from neighboring units can request reasonable accommodations (especially if they have respiratory conditions)

For disputes, South Dakota renters can seek resolution through the local court system, as the state does not have a specialized landlord-tenant tribunal. More information is available by contacting your local county court or the South Dakota Unified Judicial System.²

Official Forms: What South Dakota Renters Should Know

South Dakota does not issue a state-specific form for smoking complaints or disclosures. All rental agreements should include the smoking policy. If you need to provide written notice about an issue, use the following:

• Notice to Remedy Breach of Lease (No state-assigned form): If a neighbor is violating established smoking policies, notify your landlord in writing, referencing the lease.
• Notice of Lease Violation by Landlord or Tenant (No state form): Used for documenting concerns or giving the landlord a chance to fix issues. See the South Dakota Attorney General's Landlord/Tenant Resource Page for template language.³

Send notices by certified mail or ask for written acknowledgment. If the issue is unresolved, your next step may be to consult local legal aid or contact the county court.

Enforcement: What Happens If Smoking Rules Are Broken?

If you or others violate the smoking policy outlined in the signed lease, consequences may include:

• Written warning from the landlord
• Deduction of cleaning or repair costs from the security deposit
• Possible eviction after appropriate written notice

Tip: Always respond in writing to warnings, and keep copies of all communication. The proper eviction procedures are described in SDCL 43-32-22: Termination and Eviction Procedures.¹

FAQ: South Dakota Smoking Policies for Renters

1. Can my landlord change the smoking policy after I move in?
   In most cases, your landlord cannot change your lease terms until renewal. For month-to-month tenants, a 30-day written notice is required. Always get changes in writing.
2. What do I do if my neighbor smokes and it bothers me?
   Discuss your concerns with your landlord first. Put your complaint in writing and request action as outlined in your lease. If unresolved, consider mediation or legal advice.
3. Is marijuana smoking treated differently than tobacco in rentals?
   South Dakota law allows landlords to ban marijuana use, even for medical purposes, as part of their overall smoking policy. Always refer to your lease terms.
4. How can smoking violations affect my security deposit?
   Costs for smoke damage, odor removal, or cleaning due to unauthorized smoking may be deducted from your deposit. Landlords must provide an itemized list of deductions.

Conclusion: Key Takeaways

• Review and understand your lease for all smoking-related rules
• South Dakota rentals are governed mainly by the terms set in your contract and general landlord-tenant law
• Written communication is essential for addressing smoking policy concerns

Need Help? Resources for Renters

• South Dakota Attorney General's Landlord/Tenant Resource Page: Guidance, sample letters, and legal basics
• South Dakota Unified Judicial System: For filing court actions and locating local county courts
• South Dakota Department of Health – Tobacco Prevention Resources: Information on secondhand smoke and health
• Contact local Legal Aid or advocacy groups for low-cost legal support

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1. South Dakota Codified Laws Chapter 43-32 – Landlord and Tenant Legislation
2. South Dakota Unified Judicial System – Residential Legal Dispute Resolution
3. South Dakota Attorney General: Landlord/Tenant Rights

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