South Dakota Renter Rights Guide: Laws, Deposits & Eviction

Renting in South Dakota is a common housing choice, but it’s natural to have questions about your protections as a renter—especially when it comes to security deposits, repairs, or eviction notices. South Dakota law gives you specific rights and responsibilities to help ensure that you are treated fairly during your tenancy. This guide, based entirely on official state resources, explains your key rights and how to navigate common landlord-tenant issues.

Key Renter Rights Under South Dakota Law

South Dakota sets clear rules for rent, security deposits, repairs, and eviction in the South Dakota Codified Laws, Chapter 43-32 – Landlord and Tenant^[1]. Below are the essential rights and protections you should know.

Security Deposits

• Maximum Deposit: Your landlord cannot require you to pay more than one month's rent as a security deposit, unless special conditions exist (such as pets or modifications).
• Return Timeline: After you move out, your deposit must be returned within two weeks. If there are deductions, the landlord must provide an itemized list within 45 days if you request it in writing.

To request the deposit return, you can use the Security Deposit Return Request Sample Letter (no official state form), by writing to your landlord within 45 days of moving out and asking for a list of any withholdings.

Repairs and Maintenance

• The landlord must repair and keep the property safe, healthy, and fit for living. This includes fixing essential systems like plumbing, heat, and electricity.
• Renters must promptly notify their landlord of any problems requiring repairs.
• If the landlord does not repair, you may be allowed to make repairs and deduct reasonable costs from your rent, after written notice. Always keep records and written communications.

Rent and Fee Increases

• There are no state rent control laws. Your landlord can raise the rent, but only after providing proper written notice equal to the interval between rent payments (usually 30 days for month-to-month leases).
• Additional fees (like for late rent) must be spelled out in your lease agreement.

Eviction and Termination Notice

• A landlord can begin an eviction (called "unlawful detainer") for nonpayment of rent, breaking the lease, or if the lease ends.
• Typically, you must receive a written 3-Day Notice to Quit before an eviction is filed. For some violations, immediate eviction may be permitted.
• Official eviction forms and procedures are handled through the South Dakota Unified Judicial System (the state’s housing court/tribunal for residential tenancies).

Official Forms for South Dakota Renters

• Landlord/Tenant Eviction Complaint (Form UJS-319): File this with the circuit court if you receive an eviction notice and want to contest it. Find it on the Unified Judicial System Landlord-Tenant Forms Page. For renters: Use if you need to respond to an unlawful eviction proceeding.
• Summons and Notice to Quit (Form UJS-318): Landlords use this to legally notify a renter to leave. Renters: If you receive this, respond promptly as instructed to avoid default judgment.

Always consult the South Dakota Unified Judicial System Landlord-Tenant Self-Help Center for official forms and detailed instructions.

Dispute Resolution and The Housing Tribunal

Eviction cases and legal disputes between renters and landlords in South Dakota are handled by the South Dakota Unified Judicial System (circuit court system). There is no separate housing board or tribunal.

Tip: If you receive a legal notice or eviction form, read it carefully and act quickly. Deadlines are short, so review your lease and contact legal aid if you need advice.

Your Responsibilities as a Renter

• Pay rent on time as per the lease agreement
• Maintain the rental property in a clean and safe condition
• Avoid causing damage beyond normal wear and tear
• Allow your landlord reasonable entry for inspections or repairs (with proper notice)

Being informed about your rights and duties can help prevent disputes—and provide protection if problems do arise.

Frequently Asked Questions

1. Can my landlord enter my apartment without notice in South Dakota?
   Generally, your landlord must give you "reasonable notice" before entering except for emergencies. Check your lease for specific terms.
2. How much can my landlord charge for a security deposit?
   Usually no more than one month’s rent, unless special conditions exist.
3. What should I do if my landlord won’t fix a major repair?
   Notify the landlord in writing. If repairs are not made, you may be able to repair and deduct costs, but consult the law and document everything first.
4. How quickly do I have to move out if I receive a 3-Day Notice?
   You have three days to vacate or resolve the issue before the landlord can file an eviction case in court.
5. Where do I go if I want to dispute an eviction?
   You can respond or file documents with your local circuit court through the Unified Judicial System Landlord-Tenant Self-Help Center.

Conclusion: Key Takeaways for South Dakota Renters

• South Dakota law protects your right to a livable home and fair security deposit rules.
• Eviction and disputes are handled through the circuit courts—always respond quickly to legal notices.
• Keep written records of all communications, repairs, and notices for your protection.

Know your rights, communicate clearly, and use state resources to resolve problems effectively.

Need Help? Resources for Renters

• South Dakota Unified Judicial System Landlord-Tenant Self-Help Center – forms, guides, and how to file in court
• South Dakota Department of Human Services – Tenant Rights – general tenant protections and resources
• South Dakota Law Help – free civil legal aid and landlord-tenant advice
• Your local circuit court clerk can also provide forms and procedural guidance

---

1. South Dakota Codified Laws, Chapter 43-32: Landlord and Tenant
2. South Dakota Unified Judicial System – Landlord Tenant Forms & Self-Help
3. South Dakota Department of Human Services – Tenant Rights

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations