South Dakota · Renters' rights · Updated Oct 2026
South Dakota tenant rights
Security deposits, repairs, landlord entry, notices and evictions in South Dakota, in plain English from official sources, with free tools to get your deposit back and ask for repairs.
Guides for South Dakota renters
Security deposit
Limit, deadline, deductions, penalty and the calculator.
Repairs
The landlord's duty, repair and deduct, withholding rent and a repair letter.
Eviction
Notice periods, court deadlines, illegal lockouts and a timeline tool.
Security deposit in South Dakota
- Limit
- One month's rent. A larger deposit is allowed only if you agree and special conditions pose a danger to the upkeep of the home (for example, a pet).
- Deadline to return it
- Within 21 days after the tenancy ends and the landlord receives your mailing address or delivery instructions, the landlord must return the deposit or give you a written statement of the specific reasons for keeping any of it. Give your mailing address in writing.
- Itemized list
- Yes, in two steps. A written statement of specific reasons within 21 days. If you ask, an itemized accounting within 45 days after the tenancy ends. A landlord who doesn't follow these rules loses the right to keep any of the deposit. Receipts are not required by the law.
- What may be deducted
- Only amounts reasonably necessary to cover unpaid rent and other money owed under your agreement, and to restore the home to its move-in condition, minus ordinary wear and tear.
- Interest
- No statute requires interest.
- If the landlord keeps it wrongly
- The landlord forfeits the right to keep any part of the deposit if the rules aren't followed. Bad-faith withholding, or bad-faith failure to give the statement or accounting, adds punitive damages of up to $200.
How to get your deposit back
- Before you move out, clean, take dated photos and video of every room, and return all keys.
- Give your landlord your new address in writing. In South Dakota: Within 21 days after the tenancy ends and the landlord receives your mailing address or delivery instructions, the landlord must return the deposit or give you a written statement of the specific reasons for keeping any of it.
- Wait for the deadline: Within 21 days after the tenancy ends and the landlord receives your mailing address or delivery instructions, the landlord must return the deposit or give you a written statement of the specific reasons for keeping any of it.
- If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
- If that doesn't work, sue in small claims court. Limit: $12,000. Small claims court in South Dakota on Small Claims Map
Repairs in South Dakota
- The landlord's duty
- The landlord must keep the home and common areas in reasonable repair, fit to live in, and in good and safe working order, including electrical, plumbing and heating, unless you or your guests caused the damage. A lease can't waive this. SDCL 43-32-8.
- How to ask for repairs
- Give the landlord notice of the problem, in writing (keep a copy). Written notice also protects you from retaliation. The landlord gets a 'reasonable time'; no number of days is set.
- Repair and deduct
- Allowed. If the landlord doesn't make needed repairs within a reasonable time after you give notice, you may make the repairs yourself and deduct the cost from rent, or sue for it, or move out and stop owing rent. SDCL 43-32-9.
- Withholding rent
- Allowed only when repairs cost more than one month's rent: after written notice giving the specific reason, you may withhold rent and immediately deposit it in a separate bank or savings account used only for the repairs, and give the landlord written proof of the deposit. Release the money to the landlord when the repairs are made, or use it to pay for the repairs. SDCL 43-32-9.
- Law
- SDCL 43-32-8, 43-32-9
Landlord entry in South Dakota
Reasonable notice and entry only at reasonable times, except in an emergency or when impracticable. 24 hours' written notice is presumed reasonable unless the lease sets other terms. The notice must give the date, a time window during normal business hours, the purpose, and a way for you to ask to reschedule. SDCL 43-32-32.
Eviction in South Dakota
- Notice for unpaid rent
- An eviction case may be filed if rent is unpaid for 3 days after it is due. The separate 3-day notice to quit (old SDCL 21-16-2) was repealed in 2024, so state law no longer requires a written notice before filing. Your lease may still require one.
- Notice for a lease violation
- No set statewide notice or cure period. The landlord may end the lease early if you use the home contrary to the lease, or fail to make repairs you are bound to make within a reasonable time after a request (SDCL 43-32-18).
- Ending a month-to-month tenancy
- At least one month's notice before the end of the rental period by either side (SDCL 43-32-15). For a tenancy at will, the landlord's written notice must give at least 15 days (two months for active-duty military families in most cases) (SDCL 43-8-8).
- Time to respond to an eviction lawsuit
- 5 days from service of the eviction summons to appear and file an answer (or 30 days after publication, if served by publication, whichever is sooner). The court's checklist says the 5 days do not count the day of service, weekends or holidays; don't wait - file as early as you can. Delays beyond 14 days require you to post a bond for rent.
- Lockouts and utility shutoffs
- Yes. If the landlord locks you out or cuts off electricity, gas, water or other essential services, you can sue to get back in or end the lease, and recover two months' rent plus any advance rent and deposit.
- Court self-help
- The court's eviction self-help page
- Law
- SDCL 21-16-1, 21-16-7, 43-32-6, 43-32-15, 43-32-18, 43-8-8
Rent increases and rent control in South Dakota
- Notice of a rent increase
- For month-to-month rentals, at least 30 days' written notice before the end of the month. After getting it, you can end the lease effective the first of the next month by giving notice within 15 days. SDCL 43-32-13.
- Rent control
- No statewide rent control or rent cap.
Late fees in South Dakota
No statute caps late fees.
Retaliation in South Dakota
You can sue if, after you complained in good faith to a code agency (and the landlord got written notice), gave written notice asking for repairs, or joined a tenant union, the landlord raises rent above market value, cuts electric, gas, water or sewer service, or gives a notice to vacate not based on a lease breach. Protection ends if the notice to vacate comes more than 180 days later. Not renewing a written lease is not retaliation. Remedies: two months' rent plus attorney fees. SDCL 43-32-27, 43-32-28.
Small claims court in South Dakota
Deposit disputes usually go to small claims court, where you don't need a lawyer.
Limit: $12,000.
Where to get free help in South Dakota
Good to know in South Dakota
- You have only 5 days after being served with an eviction summons to respond.
- If repairs would cost more than a month's rent, South Dakota lets you put rent into a separate bank account until repairs are made, after written notice.
- A domestic violence, sexual assault or stalking victim may end a lease early without penalty, following the notice steps in SDCL 43-32-19.1.
Recent law changes
2024 (SL 2024, ch 75): the 3-day notice to quit (SDCL 21-16-2) was repealed and the answer time in 21-16-7 was amended. 2024 (SL 2024, ch 178): SDCL 43-8-8 now covers only residential tenancies at will (15 days' notice; two months for active-duty military families); commercial tenancies moved to 43-8-8.1. 2026 (SL 2026, ch 179): SDCL 43-32-24 was amended; the deposit deadline is now 21 days after the tenancy ends and the landlord receives your address.
Free tools for South Dakota renters
Pre-set for South Dakota. They run in your browser and send nothing.
Deposit return calculator for South Dakota
Find your state's deadline for returning a security deposit, whether your landlord is late and what you may be owed. Nothing you type here is sent anywhere.
Security deposit demand letter for South Dakota
A short, firm and polite letter asking your landlord to return your deposit by a date. It cites your state's deposit law. Many landlords pay at this step, and the letter is proof that you asked. Fill this in, download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail with a return receipt.
Repair request letter for South Dakota
Ask your landlord in writing to fix the problem by a date. A written, dated request is the first step in almost every state, and it is proof that the landlord knew. Check the problems, add dates, then download the letter as PDF or Word (or copy it). Sign it, keep a copy and photos, and send it in a way you can prove.
Eviction notice timeline for South Dakota
Got a notice from your landlord? Enter the kind of notice and the day you got it to see the dates that follow from your state's rule, what your landlord may not do, and where to get free help fast.
This is not legal advice. Eviction deadlines are short and missing one can cost you your home. Read your notice carefully and contact legal aid or your court's self-help center right away.
Questions about renters' rights in South Dakota
How much can a landlord charge for a security deposit in South Dakota?
One month's rent. A larger deposit is allowed only if you agree and special conditions pose a danger to the upkeep of the home (for example, a pet).
How long does a landlord have to return a security deposit in South Dakota?
Within 21 days after the tenancy ends and the landlord receives your mailing address or delivery instructions, the landlord must return the deposit or give you a written statement of the specific reasons for keeping any of it. Give your mailing address in writing.
What can I do if my landlord won't return my deposit in South Dakota?
The landlord forfeits the right to keep any part of the deposit if the rules aren't followed. Bad-faith withholding, or bad-faith failure to give the statement or accounting, adds punitive damages of up to $200.
What can a landlord deduct from a security deposit in South Dakota?
Only amounts reasonably necessary to cover unpaid rent and other money owed under your agreement, and to restore the home to its move-in condition, minus ordinary wear and tear.
Does a landlord have to pay interest on a security deposit in South Dakota?
No statute requires interest.
How do I ask my landlord for repairs in South Dakota?
Give the landlord notice of the problem, in writing (keep a copy). Written notice also protects you from retaliation. The landlord gets a 'reasonable time'; no number of days is set.
Can I repair and deduct the cost from rent in South Dakota?
Allowed. If the landlord doesn't make needed repairs within a reasonable time after you give notice, you may make the repairs yourself and deduct the cost from rent, or sue for it, or move out and stop owing rent. SDCL 43-32-9.
Can I withhold rent for repairs in South Dakota?
Allowed only when repairs cost more than one month's rent: after written notice giving the specific reason, you may withhold rent and immediately deposit it in a separate bank or savings account used only for the repairs, and give the landlord written proof of the deposit. Release the money to the landlord when the repairs are made, or use it to pay for the repairs. SDCL 43-32-9.
How much notice does a landlord need to enter in South Dakota?
Reasonable notice and entry only at reasonable times, except in an emergency or when impracticable. 24 hours' written notice is presumed reasonable unless the lease sets other terms. The notice must give the date, a time window during normal business hours, the purpose, and a way for you to ask to reschedule. SDCL 43-32-32.
How much notice does a landlord have to give for unpaid rent in South Dakota?
An eviction case may be filed if rent is unpaid for 3 days after it is due. The separate 3-day notice to quit (old SDCL 21-16-2) was repealed in 2024, so state law no longer requires a written notice before filing. Your lease may still require one.
How much notice for a lease violation in South Dakota?
No set statewide notice or cure period. The landlord may end the lease early if you use the home contrary to the lease, or fail to make repairs you are bound to make within a reasonable time after a request (SDCL 43-32-18).
How much notice is needed to end a month-to-month lease in South Dakota?
At least one month's notice before the end of the rental period by either side (SDCL 43-32-15). For a tenancy at will, the landlord's written notice must give at least 15 days (two months for active-duty military families in most cases) (SDCL 43-8-8).
How long do I have to respond to an eviction lawsuit in South Dakota?
5 days from service of the eviction summons to appear and file an answer (or 30 days after publication, if served by publication, whichever is sooner). The court's checklist says the 5 days do not count the day of service, weekends or holidays; don't wait - file as early as you can. Delays beyond 14 days require you to post a bond for rent.
Can my landlord lock me out or shut off utilities in South Dakota?
Yes. If the landlord locks you out or cuts off electricity, gas, water or other essential services, you can sue to get back in or end the lease, and recover two months' rent plus any advance rent and deposit.
How much notice is needed for a rent increase in South Dakota?
For month-to-month rentals, at least 30 days' written notice before the end of the month. After getting it, you can end the lease effective the first of the next month by giving notice within 15 days. SDCL 43-32-13.
Is there rent control in South Dakota?
No statewide rent control or rent cap.
Is there a limit on late fees in South Dakota?
No statute caps late fees.
Can my landlord retaliate if I complain in South Dakota?
You can sue if, after you complained in good faith to a code agency (and the landlord got written notice), gave written notice asking for repairs, or joined a tenant union, the landlord raises rent above market value, cuts electric, gas, water or sewer service, or gives a notice to vacate not based on a lease breach. Protection ends if the notice to vacate comes more than 180 days later. Not renewing a written lease is not retaliation. Remedies: two months' rent plus attorney fees. SDCL 43-32-27, 43-32-28.
What is the small claims limit in South Dakota?
$12,000.