South Dakota Renter Guide: Smoke & Carbon Monoxide Detector Laws

If you rent a home or apartment in South Dakota, understanding the laws about smoke and carbon monoxide detectors can help you stay safe and protect your rights. This article breaks down what’s required by state law, highlights landlord and tenant responsibilities, and guides you through steps to take if you discover issues with your detectors.

Smoke Detector Requirements for South Dakota Rentals

South Dakota law requires that all rental homes and apartments have working smoke detectors. According to South Dakota Codified Laws § 34-46-20, landlords must install smoke detectors in each dwelling unit.

• Smoke detectors must be installed in each sleeping room, in hallways near bedrooms, and on every level of the unit (including basements).
• Landlords are responsible for installing approved devices and ensuring they work when you move in.
• After move-in, you (the tenant) are generally responsible for testing and changing batteries unless your lease says the landlord will do it.

Working smoke alarms can save lives by alerting you to fires in time to escape. Always check your detectors right after moving in.

Are Carbon Monoxide Detectors Required?

South Dakota law does not currently require carbon monoxide detectors in all rental properties. However, local city or county ordinances may have stricter requirements—especially if your rental uses gas-fueled appliances, fireplaces, or attached garages.

• If your city or county requires carbon monoxide detectors, landlords must comply with those rules.
• Even if not required, installing a CO detector protects you from poisonous gas that is odorless and deadly.

Check with your city housing department for any extra local rules about carbon monoxide detectors.

Landlord and Tenant Responsibilities

Both you and your landlord have important roles in keeping detectors working:

• Landlord: Must install and maintain detectors before you move in, and replace broken or outdated units.
• Tenant: Should test alarms regularly, replace batteries (unless your rental agreement says the landlord will), and notify your landlord if a detector is not working or missing.

What To Do If There’s a Problem with Your Detectors

If you notice your smoke or (if applicable) carbon monoxide detectors are missing or not working:

• Notify your landlord in writing right away. Keep a copy for your records.
• If the landlord does not act quickly, you may file a complaint with the local housing authority or health department.
• For urgent issues, you may call the local fire department for an inspection or advice.

Relevant Forms

• South Dakota Tenant Complaint Form (no official statewide form number, varies by county or city):
  Use this form to report unresolved safety violations, including missing or faulty smoke detectors. For example, the Sioux Falls Housing Complaint Form lets you submit complaints if your landlord doesn’t repair required detectors.

Check with your local housing office for city-specific complaint forms or processes.

What Law Covers Rental Safety Standards?

South Dakota’s main tenancy laws can be found in South Dakota Codified Laws Title 43 - Property and Title 34 - Public Health and Safety. Smoke detector requirements are specifically addressed in Section 34-46-20. General responsibilities for repairs and habitability are found in SDCL Chapter 43-32 (Landlord and Tenant).¹

The official board handling rental disputes in South Dakota is the South Dakota Office of the Attorney General - Landlord/Tenant Division.²

FAQs: Smoke and Carbon Monoxide Detector Laws for South Dakota Renters

1. Are landlords required to install smoke detectors in my South Dakota rental?
   Yes. Landlords must install approved smoke detectors in every rental unit and ensure they are working when you move in.
2. Do I have to install a carbon monoxide detector myself?
   State law does not require it, but if your city does not, you may choose to install your own for added safety.
3. Who is responsible for changing smoke detector batteries?
   Tenants are usually responsible unless the lease says otherwise. Always check your rental agreement.
4. What should I do if my landlord won't fix a faulty detector?
   Report the issue in writing. If not fixed, contact your local housing office or file a complaint with the appropriate city authority.
5. Is there a state agency to help with unresolved safety complaints?
   Yes, the South Dakota Attorney General's Landlord/Tenant Division offers guidance and resources for renters.

Key Takeaways for Renters

• South Dakota state law requires smoke detectors in all rentals, but not carbon monoxide detectors (unless local rules apply).
• Landlords must provide detectors; tenants must maintain them and report problems promptly.
• If safety concerns are ignored, renters can contact local housing offices or the state for help.

Need Help? Resources for Renters

• South Dakota Attorney General – Landlord/Tenant Division: Guidance and official forms.
• Sioux Falls Housing Division: For housing safety complaints in Sioux Falls.
• South Dakota Department of Social Services – Housing: General renter support and resources.
• South Dakota State Legislature: For full text of state laws, including rental and tenant protections.

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1. South Dakota Codified Laws Chapter 43-32 (Landlord and Tenant)
2. South Dakota Office of the Attorney General - Landlord/Tenant Division

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