Understanding Rent Stabilization in South Dakota

Many renters ask whether rent stabilization or rent control laws exist in South Dakota and how much protection they have against large rent increases. If you're renting a home or apartment in South Dakota, it’s important to know the rules and your rights—especially if you’re worried about a sudden change in your rent.

Does South Dakota Have Rent Stabilization or Rent Control?

Currently, there are no rent stabilization or rent control laws in South Dakota. This means that, by state law, landlords can set rental prices at their own discretion and raise rent without strict governmental limits. South Dakota state law does not restrict how much a landlord can increase the rent or how often, unless a written lease says otherwise.

What Does This Mean for Renters?

• Your landlord can generally increase your rent as much—and as often—as they choose, once your lease term ends.
• If you're on a month-to-month (periodic) lease, your landlord must give you proper written notice before raising your rent.
• If you have a fixed-term lease (e.g., 1 year), the landlord cannot change the rent until the lease ends, unless your lease agreement specifically allows for an increase.

There are no government caps or review boards monitoring rent increases in the state.

Notice Requirements for Rent Increases

While there are no statewide controls on the amount, South Dakota law does require notice for rent changes in most month-to-month tenancies.

• For month-to-month rentals, South Dakota law requires the landlord to give at least one full rental period’s written notice (generally 30 days) before ending a tenancy or increasing rent. See South Dakota Codified Laws § 43-32-13: Month-to-month tenancy notice requirements.
• Notice must be in writing, and it must be delivered in person or by mail.

For fixed-term leases, rent usually cannot be increased during the lease’s term unless the agreement says otherwise.

What To Do If You Face a Rent Increase

If you receive a notice of rent increase, take these important steps:

• Check your lease agreement to confirm rules about rent changes.
• Review the South Dakota residential landlord-tenant laws for notice requirements.
• If you believe the increase was given without proper notice or violates your lease, discuss your concerns with your landlord in writing.
• For further help, contact the state’s consumer protection office (see resources below).

Relevant Forms for South Dakota Renters

• Notice of Termination of Tenancy: Used by landlords (or tenants) to end a month-to-month tenancy. While there’s no official state form, both parties must provide proper written notice.
  Example: If you receive a rent increase that you can’t afford, you may use this notice to end your lease, giving required advance notice. Guidance is provided by the South Dakota Attorney General’s Landlord-Tenant Guide.

Who Handles Residential Tenancy Disputes in South Dakota?

There is no dedicated "rent board" or housing tribunal in South Dakota. Disputes over rent or rental agreements are handled by the South Dakota Attorney General’s Office – Consumer Protection Division. For legal resolutions, matters are generally brought in local civil (small claims) court.

Relevant South Dakota Tenancy Legislation

Your rights and rules about rent increases are governed by the South Dakota Codified Laws: Title 43, Chapter 32 - Landlord and Tenant.^[1]

FAQ: Rent Stabilization and Rent Increases in South Dakota

1. Does South Dakota limit how much a landlord can increase my rent?
   No, South Dakota does not currently have any statewide rent stabilization or rent control limits. Landlords can increase rent by any amount, provided proper advance written notice is given.
2. How much notice does my landlord have to give before raising my rent?
   For month-to-month rentals, your landlord must give written notice at least one full rental period in advance (typically 30 days), as outlined in state law.
3. Can my landlord raise the rent during my lease?
   Generally, no. If you have a fixed-term lease, the rent usually cannot be changed until the lease ends—unless your lease specifically allows for increases within the term.
4. What should I do if my landlord raises my rent without notice or in violation of my lease?
   Refer to your written lease and South Dakota law. Try discussing the matter with your landlord. If the issue is unresolved, contact the South Dakota Consumer Protection Division for support.
5. Is there a government agency that enforces rent stabilization in South Dakota?
   No, there is no rent board or government agency dedicated to enforcing rent stabilization. General renter complaints can go to the South Dakota Attorney General’s Consumer Protection Division.

Need Help? Resources for Renters

• South Dakota Attorney General’s Office – Residential Landlord-Tenant Resource
• Consumer Protection Division Complaint Form – File a complaint if you believe your landlord is violating the law.
• South Dakota Unified Judicial System – Small Claims Information
• South Dakota Codified Laws: Landlord and Tenant

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1. See the South Dakota Codified Laws: Title 43, Chapter 32 – Landlord and Tenant for the full text of rental law.
2. Guidance on notice periods is provided by the South Dakota Attorney General’s Landlord-Tenant Resource.

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