When Landlords Can Increase Rent for Pass-Through Costs in South Dakota

If you’re renting in South Dakota, you may wonder when—and by how much—your landlord is allowed to raise your rent, especially for extra costs like property tax or utilities. While some states have strong rent control rules, South Dakota is known for its flexible approach, and the law provides landlords with significant discretion. Here’s what every renter needs to know about rent increases, pass-through costs, and your rights under South Dakota law.

How Rent Increases Work in South Dakota

South Dakota does not have rent control or rent stabilization laws. This means landlords are generally free to increase rent by any amount at the end of a lease term, unless a written lease states otherwise. If you have a month-to-month rental agreement, your landlord must give you at least one full month’s written notice before the new higher rent takes effect.

What Are Pass-Through Costs?

Pass-through costs are extra expenses that a landlord may add to your rent, like a sudden increase in property taxes or utility charges. In South Dakota, unless your lease specifically limits these, landlords can increase rent to cover these types of costs. However, they still must provide the proper notice before any change.

• Examples of pass-through costs:
• Property tax surcharges
• Increased insurance premiums
• Shared utility costs
• Assessments for building improvements

If your landlord wants to add or raise a charge for something previously included in your rent, they generally need to follow the same notice rules as for general rent increases.

Rent Increase Notice Requirements

South Dakota law requires landlords to give written notice if they want to raise your rent. For a month-to-month tenancy, this notice period is at least one full rental period—a minimum of 30 days. For fixed-term leases, landlords typically can’t raise the rent until the lease renews unless your lease allows mid-term increases.

• Notice must be written and delivered to you directly or left at your usual dwelling place.
• The new rent amount and the date it takes effect must be clearly stated.

Can Rent Be Raised for Repairs or Maintenance?

Generally, landlords cannot charge separately for routine repairs—they are responsible for keeping rental units habitable under most circumstances. However, for major improvements (not just repairs), landlords may raise rent or add fees if your lease allows or at the end of the current lease term with proper notice. Always check your lease for language about maintenance charges.

Disputing a Rent Increase or Pass-Through Fee

If you believe a rent increase is unfair, excessive, or violates your lease or the law, consider these steps:

• Review your lease to see what charges are allowed.
• Check the notice period—was it at least 30 days?
• Speak with your landlord to seek clarification or negotiate.
• If you suspect discrimination or retaliation, you can file a complaint with the South Dakota Division of Human Rights or seek legal advice.

Official Forms for Renters

• 30-Day Notice of Rent Increase (No official state form number):
  Used by landlords to notify tenants of a rent increase for month-to-month rentals. If you need to respond or move out, you may use the Notice to Vacate form provided through the South Dakota Legislature. For example, if your landlord raises rent and you want to leave instead of paying the higher amount, submit this notice in writing to your landlord at least one month before moving out.

Who Handles Landlord–Tenant Disputes?

In South Dakota, there is no dedicated landlord-tenant board. Rental disputes are usually handled through your local county court (circuit court). You can find court contact details on the South Dakota Unified Judicial System website, which manages residential tenancy cases and evictions.

Relevant Legislation

For the most current rules, refer directly to South Dakota Codified Laws Chapter 43-32 (Landlord and Tenant).
This chapter covers notices, rights, responsibilities, and eviction procedures in residential rentals.

Frequently Asked Questions

1. Can my landlord increase rent for any reason in South Dakota?
   Yes, as there is no rent control, but landlords must give proper written notice before raising your rent.
2. How much notice do I get before a rent increase?
   You must receive at least 30 days’ notice if you rent month-to-month.
3. Does my landlord have to let me know in writing if they add new charges?
   Yes. Any new charge or increase (like pass-through costs) requires written notice, just like a rent increase.
4. What are my rights if I can’t afford the new rent or fees?
   You can choose to accept the rent increase, try to negotiate, or provide proper notice to end your lease without penalty for the increase period.
5. Where can I get official help if I think my rent increase is illegal?
   Contact your local court (South Dakota Unified Judicial System) or the South Dakota Division of Human Rights for guidance.

Key Takeaways for South Dakota Renters

• South Dakota law allows landlords to raise rent and add pass-through costs, with proper notice.
• Rent increases and new charges require at least 30 days’ written notice for month-to-month tenants.
• If you believe your rights are being violated, your main avenues for dispute are through the local court system or state human rights commission.

Need Help? Resources for Renters

• South Dakota Unified Judicial System – Handles landlord-tenant and eviction cases statewide.
• South Dakota Division of Human Rights – Investigates discrimination or retaliation complaints in housing.
• South Dakota Law Help – Free legal information, forms, and self-help resources for renters.
• South Dakota Codified Laws Chapter 43-32 – Official state law on landlord and tenant relationships.

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1. South Dakota Codified Laws § 43-32-13 – Month-to-month notice requirements
2. South Dakota Codified Laws Chapter 43-32 – Landlord and Tenant
3. South Dakota Unified Judicial System – Courts Directory
4. South Dakota Division of Human Rights
5. South Dakota Law Help

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