South Dakota Renters: Your Rights and Steps on Pest Infestations

Discovering pests such as bed bugs, cockroaches, or rodents in your South Dakota apartment can be stressful and uncomfortable. Understanding your legal rights and the steps you can take is crucial for ensuring a healthy, habitable home. This guide covers pest infestations in South Dakota rentals, highlighting laws, responsibilities, and resources to help renters resolve these issues confidently.

Who Is Responsible for Pest Control in South Dakota?

Under South Dakota law, landlords are required to provide safe and habitable housing. This means your apartment must be reasonably free from health hazards, including pest infestations. The law that outlines these obligations is the South Dakota Codified Laws Chapter 43-32, also known as the Residential Landlord and Tenant Act.^[1] However, renters also have responsibilities: if an infestation is caused by a tenant’s negligent or unsanitary behavior, the renter might be responsible for the cost of remediation.

Common Pest Infestations Covered

• Bed bugs
• Cockroaches
• Rodents (mice, rats)
• Ants and other insects

South Dakota does not have specific statewide regulations for each pest, but the general habitable condition law applies to all rental housing.

What To Do if You Have Pests in Your Apartment

If you discover a pest problem, taking organized action helps protect your rights and speeds up a solution.

Step-by-Step Guide for Renters

• Document the issue: Take clear photos and keep written records of pest sightings or damages.
• Notify your landlord in writing: South Dakota law requires renters to formally notify landlords about the issue. This can be via email, letter, or a signed notice.
• Request repairs within a reasonable time: Typically, a landlord should respond promptly to health or safety issues.
• Keep records: Save copies of all correspondence between you and your landlord.

• Follow up: If your landlord does not act, follow up in writing and specify a reasonable deadline for response (often 14 days is considered reasonable).
• Avoid self-treatment: Using chemicals or traps on your own could violate lease agreements or complicate possible claims.

Official Forms and How to Use Them

South Dakota uses written notices for most landlord-tenant disputes. While there is no universal statewide form for reporting pest infestations, you can use the "Notice to Landlord of Material Noncompliance" letter. This notice should:

• Clearly describe the pest issue
• Request that repairs or pest treatment be completed
• Give a deadline for response (often 14 days)
• Be dated and signed

How to Use: Send a copy to your landlord via certified mail (or another way you can verify delivery) and keep a copy for your records. Practical example: "I am notifying you on April 5th about a bed bug infestation in my apartment. Please address this issue within 14 days."

See the South Dakota Tenant Rights Guide for further templates and details.^[2]

What If the Landlord Does Not Fix the Problem?

If your landlord does not resolve the pest issue after reasonable notice, you may consider:

• Contacting the local housing or health department
• Filing a complaint in small claims court for repair costs or potential rent reduction
• Seeking mediation through an official tribunal or contacting legal aid for guidance

In South Dakota, housing disputes (including habitability and pest issues) may be handled through county-level Small Claims Court.^[3] There is no dedicated statewide housing board, but small claims court is the official venue for these matters.

Relevant Legislation

• South Dakota Codified Laws Chapter 43-32: Residential Landlord and Tenant Act

This law explains landlord obligations for habitable premises and the process for tenant remedies if those aren't met.

1. What pests are landlords responsible for removing in South Dakota?
   In general, landlords must ensure all units are habitable, which includes removing pests like rodents, cockroaches, and bed bugs. Responsibility may shift to the renter if the infestation is caused by a tenant's actions or negligence.
2. Can I withhold rent if my landlord ignores a pest problem?
   South Dakota law allows certain remedies, including potentially withholding rent, but only if you provide proper written notice and your landlord fails to act. You must follow the legal process outlined in SD Codified Laws § 43-32-9.
3. Is my landlord required to provide professional pest control?
   Landlords must address health and safety hazards, but the method of pest removal (DIY or professional service) is not dictated by state law unless specified in your lease agreement.
4. Can I be evicted for reporting a pest infestation?
   No, retaliation for reporting health and safety concerns is prohibited. If your landlord attempts eviction after you notify them about pests, you can seek help through small claims court or legal aid.
5. How long does my landlord have to respond to pest complaints?
   State law does not set a strict timeframe, but 14 days is commonly considered a reasonable period for non-emergency repairs or issues. For major infestations posing immediate health risks, prompt action is expected.

Need Help? Resources for Renters

• South Dakota Attorney General – Tenant Rights Booklet: Detailed legal guidance and sample forms
• South Dakota Small Claims Courts: For filing official complaints or seeking remedies
• East River Legal Services: Free or low-cost legal assistance for renters (eligibility applies)
• South Dakota Department of Health: For reporting severe pest infestations impacting health

---

1. South Dakota Codified Laws Chapter 43-32: Residential Landlord and Tenant Act
2. South Dakota Attorney General’s Tenant Rights Booklet
3. South Dakota Small Claims Court

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