South Dakota Renters: Small Claims Court Filing Guide

Dealing with rental problems can be stressful, whether it's getting back your security deposit, repairs not being made, or disagreements with your landlord. In South Dakota, renters have the right to take unresolved disputes to small claims court—an accessible, affordable way to seek fair resolutions. This guide explains the process, which official forms are needed, and how your rights are protected under South Dakota law.

When Can Renters Use Small Claims Court in South Dakota?

Small claims court in South Dakota is designed for individuals to resolve disputes of up to $12,000 without needing a lawyer. Renters commonly use this court for:

• Recovering all or part of a security deposit
• Seeking payment from a landlord for repairs you made
• Getting compensation for unreturned belongings
• Other straightforward landlord-tenant disputes under money limits

The South Dakota Unified Judicial System oversees small claims court. Disputes beyond court limits or those seeking non-monetary solutions may require a different legal approach.

Key Steps: Filing a Small Claims Case

To make your court experience smoother, here’s an overview of what’s involved:

• Make sure you've tried to resolve the issue directly: Send written requests or demands for payment (keep copies).
• Document your problem: Gather receipts, photos, communications, and your lease agreement.
• Check the cash value: Make sure the amount of your claim is within the $12,000 limit.

Official Small Claims Court Forms for Renters

• Small Claims Affidavit (Form UJS-218)
  When and How Used: This is the initial form renters file to start a case. Clearly state who owes you money (usually your landlord), why, and how much. For example, use it if your landlord refuses to return your security deposit. View and download the Small Claims Affidavit (UJS-218).
• Request and Notice of Hearing (Form UJS-219)
  When and How Used: After your affidavit is accepted, the clerk schedules a hearing and notifies both sides using this form. You’ll receive the date via mail.
  See the Request and Notice of Hearing form (UJS-219).
• Satisfaction of Judgment (Form UJS-224)
  When and How Used: If you win your case and the landlord pays, this form records that the judgment has been satisfied and closes the matter.
  Download Satisfaction of Judgment (UJS-224).

All small claims court forms and instructions are available at the South Dakota Unified Judicial System – Small Claims Forms section.

Filing and Serving: The Process Explained

After carefully filling out your affidavit, you’ll need to file it with your local small claims court and pay the filing fee. The court will give you instructions on how to officially notify ("serve") your landlord. This is usually handled by the sheriff or a process server for a separate fee.

Attending the Hearing

At your court date, both you and your landlord present your sides. Bring all your documents and witnesses. The judge will make a decision, usually at the hearing. If you win, you may receive a written judgment stating the amount owed to you.

Understanding Your Rights as a South Dakota Renter

Your rights and responsibilities as a renter are explained in the South Dakota Codified Laws Chapter 43-32 – Landlord and Tenant¹. For example, you have the right to a written lease, privacy, and to a refund of your security deposit, minus certain lawful deductions.

FAQ: Small Claims Court for South Dakota Renters

1. What is the maximum amount I can claim in South Dakota small claims court?
   The limit is $12,000. If your dispute involves more, you must use a different court.
2. Do I need a lawyer to go to small claims court?
   No. The process is designed to be simple, so most renters represent themselves.
3. How long do I have to file after my landlord violates our rental agreement?
   Time limits, known as statutes of limitations, generally range from 3-6 years. It’s best to act as soon as possible.
4. What evidence should I provide?
   Bring your lease, communication with your landlord, receipts, photos, and any other documentation related to your case.
5. What happens if I win my small claims case?
   The judge may order your landlord to pay you. If payment is not made promptly, ask the court about enforcement options.

Conclusion: Key Takeaways for South Dakota Renters

• Small claims court is a practical, accessible option for renters with disputes under $12,000.
• Use the right forms and follow official instructions for the best chance of success.
• Your rights are protected by South Dakota's landlord-tenant laws, and help is available if you need it.

Need Help? Resources for Renters

• South Dakota Unified Judicial System – Small Claims Civil Information (tribunal information)
• Official Small Claims Forms
• Legal Aid Services – South Dakota Department of Social Services
• South Dakota Law Help (free legal information and resources)
• South Dakota Codified Laws – Landlord and Tenant

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1. South Dakota Codified Laws – Landlord and Tenant (Chapter 43-32)

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