South Dakota Renters: What to Do If You're Locked Out

If you are a renter in South Dakota and find yourself locked out of your rental home or apartment, acting calmly and understanding your rights are crucial. Lockouts, where a landlord changes the locks or otherwise denies you entry to your residence, are tightly regulated under South Dakota law. This article will explain the legal protections for renters, what landlords can and cannot do, and your practical options if you’ve been locked out.

Understanding Lockout Laws in South Dakota

South Dakota protects renters from ‘self-help’ evictions, which includes lockouts. A landlord cannot simply change the locks, shut off electricity, or otherwise deny you access to your home without following the state’s legal eviction process. All evictions must proceed through the court—meaning you must be served proper notice and given a chance to appear before a judge.

• It is illegal for a landlord to lock out a tenant without a court order.
• Landlords must not remove a tenant’s belongings or cut off essential services to force a renter to leave.
• Emergency exceptions may apply (for example, immediate risks to health or safety), but these are rare and still require proper steps.

Relevant Tenancy Legislation

Your primary protections are found in the South Dakota Codified Laws, Chapter 43-32, Residential Landlord and Tenant Act^[1]. This law outlines required notices, legal eviction processes, and renter remedies if your rights are violated.

What To Do If You’re Locked Out in South Dakota

If you discover you cannot access your rental (due to changed locks, barred doors, or illegal utility shutoff), take these practical steps:

• Document everything: Take dated photographs and note times and conversations. Keep texts, emails, or voice messages from your landlord.
• Contact your landlord immediately: Calmly ask for access to your home. Sometimes misunderstandings can be quickly resolved.
• Do not attempt to force entry: This could expose you to liability. Stick to lawful options.
• Request help from law enforcement: If you believe you are facing an illegal lockout or your safety is at risk, you can request the assistance of local police or the sheriff’s office.

If your landlord refuses to restore access, you may need to take further legal steps to protect your housing and seek damages. Always consult documentation and, if necessary, reach out to support services for help understanding your options.

Official Forms and Complaint Process

• Eviction/Nuisance Summons and Complaint Form – Used by landlords to initiate eviction, not by renters, but included for transparency:
  • Eviction/Nuisance Summons and Complaint (UJS-313) – If you are served this form, you have the right to respond and defend your case in court. Read all instructions carefully and seek assistance if needed.^[2]
• No specific lockout remedy form – If locked out, consult with your local court or seek advice from legal services. You can also request police assistance for unlawful exclusion.

How to File a Complaint or Take Legal Action

• If illegally locked out, you may file an action in your local South Dakota Circuit Court to regain possession and recover damages for unlawful eviction. The Unified Judicial System of South Dakota handles residential tenancy cases.^[3]
• Keep copies of all documentation as evidence and bring them to your hearing or consultation.

Your Basic Rights as a Renter

• Your landlord cannot lock you out without following the official court eviction process.
• Sudden utility shutoffs, taking your belongings, or changing locks are prohibited by law.
• Tenants have the right to quiet enjoyment and access to their rental unless a judge has issued a lawful eviction order.

Knowing these basics can help protect you and assist in quickly resolving a lockout situation.

FAQ

1. Can my landlord change the locks to make me leave in South Dakota?
   No. Your landlord must follow the legal eviction process through the courts. Changing locks or otherwise excluding you without a court order is illegal.
2. What should I do first if I’m locked out?
   Document the situation, contact your landlord, and avoid trying to force entry. If access is not restored, contact local law enforcement or a legal assistance group for next steps.
3. Is there an official form to file if I’ve been locked out?
   There is no specific 'lockout complaint' form. You can file a case with your local court or call law enforcement for immediate help. If you receive an eviction notice or complaint form, follow instructions to respond promptly.
4. What government agency oversees tenant-landlord issues in South Dakota?
   The Unified Judicial System of South Dakota is where eviction and related housing disputes are resolved.
5. Will I get my belongings back if my landlord has removed them?
   The law requires landlords to follow due process, and you can ask the court to order the return of your possessions if they were wrongly taken.

Conclusion: Key Takeaways for Renters

• Landlords in South Dakota cannot lock you out or remove your belongings without a court order.
• Document everything, stay calm, and seek immediate assistance if needed—legal remedies are available to renters facing illegal lockouts.
• Reach out to the Unified Judicial System or local renter support agencies for help recovering access to your home.

Need Help? Resources for Renters

• Unified Judicial System of South Dakota – For court forms, eviction complaints, and housing dispute information.
• South Dakota Housing Development Authority – Resource links and emergency rental assistance.
• South Dakota Legal Services – Free or low-cost legal help; select "Tenant Issues" for housing guidance.
• For emergencies or unlawful exclusion, contact your local police department.

---

1. South Dakota Codified Laws, Chapter 43-32 (Residential Landlord and Tenant Act)
2. Eviction/Nuisance Summons and Complaint Form (UJS-313)
3. Unified Judicial System of South Dakota, Civil Court Information

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