Things landlords cannot do in South Dakota

Two dates changed how rentals work in South Dakota. On July 1, 2024, the legislature repealed the three-day notice to quit that landlords had served before every eviction. On July 1, 2026, it stretched the security deposit return deadline from two weeks to 21 days.

If you're a landlord running a 2023 lease template, you can be confidently wrong. So can a tenant reading the Attorney General's consumer page, which has not caught up with the deposit change.

What a landlord cannot do in South Dakota: the short list

Most of what a landlord cannot do South Dakota law spells out in one chapter, SDCL 43-32. Chapter 21-16 covers eviction procedure, while Chapter 20-13 covers fair housing. Chapter 43-32 contains many residential rental rules, including provisions that apply to "every hiring of residential premises." Those provisions cover residential units within their statutory scope, including a single-family rental in Sioux Falls. That can include a backyard unit built under South Dakota law when the relevant provision covers it.

Each prohibited act carries its own statute and its own remedy. Several violations have no fixed statutory penalty, as the remedy column shows:

• What the landlord cannot do | Statute | What the tenant can recover
• Demand a deposit above one month's rent without an agreed special-conditions exception | SDCL 43-32-6.1 | No separate penalty stated in the statute
• Hold a deposit past 21 days without a written statement of reasons | SDCL 43-32-24 | Landlord forfeits all withholding rights; up to $200 punitive damages for bad faith
• Enter without reasonable notice outside an emergency | SDCL 43-32-32 | No fixed statutory penalty; common-law claims for trespass or breach of quiet enjoyment
• Lock the tenant out or interrupt electric, gas, water, or other essential service | SDCL 43-32-6 | Two months' rent plus return of advance rent and deposit; injunction or possession
• Forcibly exclude the tenant from the property | SDCL 21-3-6 | Three times the tenant's actual detriment
• Raise rent above fair market value, cut utilities, or serve notice to vacate after a code complaint, written repair notice, or tenant-union activity | SDCL 43-32-27 and 43-32-28 | The 43-32-6 remedies plus attorney's fees up to $500
• Waive the duty to keep the unit habitable by lease clause | SDCL 43-32-8 | Repair and deduct, vacate, or withhold rent into a separate account under 43-32-9
• Refuse to rent, or set different terms, based on nine protected classes | SDCL 20-13-20 | Complaint to the Division of Human Rights within 180 days, or to HUD within one year
• Put a clause in the lease authorizing eviction of a tenant who calls police about domestic abuse | SDCL 43-32-18.1 | Clause is unenforceable
• Rent a unit with known prior meth manufacturing without disclosing it | SDCL 43-32-30 | No statutory penalty; common-law fraud or warranty claims
• Dispose of left-behind property worth more than $500 before 30 days pass | SDCL 43-32-26 | No statutory penalty stated; a common-law conversion claim is possible

Security deposits: what landlords cannot charge, keep, or delay

A residential landlord "may not demand or receive a security deposit in an amount or value in excess of one month's rent," under SDCL 43-32-6.1. The one exception requires agreement between landlord and tenant "where special conditions pose a danger to maintenance of the premises," and lawmakers set no ceiling on that larger deposit. The Consumer Protection office gives a pet deposit as its example of a special condition.

Labels don't get you around the cap. The codified text on Justia treats any money securing the rental agreement as a security deposit "however denominated," so a separately named pet deposit counts toward one month's rent unless it fits the special-conditions exception. Neither the statute nor the AG's guidance recognizes a furnished-unit exception.

Once the tenant leaves, you have 21 days under SDCL 43-32-24, as amended by SL 2026, ch 179 after both the tenancy ends and you receive the tenant's mailing address to refund the deposit or send a written statement of the specific reasons you're keeping any of it. Before July 1, 2026, that window was two weeks, and the AG's fast-facts page still says two weeks. Follow the session law.

You may deduct only two things: amounts reasonably necessary to cover unpaid rent or other funds due, and amounts reasonably necessary to restore the unit to its condition at move-in, "ordinary wear and tear excepted." If the tenant asks for an itemized accounting, you owe it within 45 days after termination. Miss any of these steps and you forfeit all rights to withhold any portion. Bad-faith retention includes failing to send the statement or accounting and adds punitive damages capped at $200.

Here is how the dates fall for a tenant who moves out on the first of the month:

1. March 1: the tenant vacates and hands you a forwarding address the same day.
2. March 22 is the last day to refund the deposit or send the written statement of reasons. April 15 is the last day to deliver the itemized accounting if the tenant requested one.

Under the two-week rule that expired July 1, 2026, that same statement would have been due March 15. Commercial leases run on longer clocks: SDCL 43-32-24.1 gives 60 days for return and 90 days for the itemized accounting. Bad-faith retention carries the same $200 cap.

Entry and privacy: no showing up unannounced

SDCL 43-32-32 sets the rule: "Except in case of an emergency or if it is impracticable to do so, a landlord or landlord's agent shall give the tenant reasonable notice of the landlord's intent to enter and enter only at reasonable times. Twenty-four hours written notice is presumed to be a reasonable notice unless alternate methods of notification or times for entry are mutually agreed upon between the landlord and tenant in the lease."

The notice has to carry four pieces of information, and a text that says "coming by tomorrow" fails on three of them:

• The date or dates of entry.
• A time window during normal business hours.
• The purpose of the entry.
• A way for the tenant to ask to reschedule.

South Dakota lawmakers created two exceptions to the notice requirement: emergency and impracticability. The AG guidance puts it more narrowly: "Only in the event of an emergency may a landlord lawfully enter your apartment without notice to you." The codified text of SDCL 43-32-32 does not explicitly list tenant abandonment or a court order as additional grounds. If you want to use text or email instead of written notice, or agree on standing entry times, the statute lets you do that only by mutual agreement in the lease.

The word "agent" matters for anyone running properties through a manager. The notice duty binds the property management company and its maintenance staff exactly as it binds the owner.

The section sets no per-violation dollar penalty. A tenant's remedies for an improper entry come from common law. They include trespass or breach of quiet enjoyment, as well as actual damages under this entry law overview. An entry that crosses into excluding the tenant or cutting a service moves under the two-months'-rent remedy in 43-32-6, covered next.

Lockouts and utility shutoffs: why self-help eviction is illegal

The Attorney General's guidance leaves no room: "The only lawful way to evict a tenant is for the landlord to obtain a court order signed by the circuit court or magistrate judge. This is obtained in a lawsuit called a 'Forcible Entry and Detainer' action." Changing the locks and hauling belongings to the curb are outside that process. So is calling the utility company to cut power. The AG's landlord-tenant guide explains that after judgment, the sheriff removes the tenant.

SDCL 43-32-6 supplies the price. If the landlord "unlawfully removes or excludes the tenant from the premises" or "willfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water, or other essential service," the tenant may sue for an injunction or recover possession. The tenant may instead terminate the lease. In every case, the tenant may recover "damages in an amount equal to two months' rent and the return of any advance rent and deposit." The AG adds that the tenant may recover out-of-pocket expenses on top.

A second statute reaches further. SDCL 21-3-6 sets damages for "forcibly ejecting or excluding a person from the possession of real property" at three times the detriment caused. The South Dakota Supreme Court has held that forcible exclusion does not require physical force, and that once it exists, "the question of good or bad faith cannot affect the right to treble damages." Once a court finds forcible exclusion, the landlord's good-faith belief that the tenant had left does not defeat treble damages.

South Dakota has no lockout-specific crime and no fixed statutory fine for disposing of valuable belongings too early. The closest criminal fit is criminal trespass under SDCL 22-35-5, a Class 1 misdemeanor for surreptitious entry into a building. State law presumes items worth $500 or less abandoned ten days after the tenant quits under SDCL 43-32-25. For items worth more than $500, SDCL 43-32-26 requires the landlord to store them, with a lien for storage costs, for at least 30 days before disposal. A landlord who dumps a $2,000 couch on day 12 faces a possible conversion claim rather than a fixed statutory fine.

Eviction: the notices and court steps a landlord cannot skip

South Dakota law no longer requires the three-day written notice to quit. 2024 SB 90 repealed SDCL 21-16-2 effective July 1, 2024. The Stock v. Garrett decision confirmed the effect in 2025 S.D. 8: "The three-day notice to quit requirement was repealed effective July 1, 2024, and a notice requirement no longer exists for actions commenced after the date of the repeal." Before the repeal, skipping that notice led the court to dismiss the case outright under Meservy v. Stoner.

Three days still appears in the law, but as a trigger rather than a notice. Under SDCL 21-16-1(4), a forcible entry and detainer action lies when the tenant "holds over after the termination of the lease or expiration of the term, or fails to pay his rent for three days after the same shall be due." So a landlord can file on day four without a separate cure notice, unless the lease promises one. A pay-or-quit clause written into the lease is a contract term, and a legislative research memo notes the landlord must still honor it before suing.

Month-to-month tenancies carry their own notice. SDCL 43-32-13 requires written notice at least 30 days before the month ends to change terms or rent, and the tenant may terminate effective the first of the next month by responding within 15 days. In Estate of Fountain v. Schroeder, 2001 SD 139, the court reversed an eviction because the landlord served a notice to quit for nonpayment of raised rent before the raise could legally take effect: "the notice was defective and the court could not order Ellen evicted." A tenancy with no stated term needs notice equal to the implied term, not more than one month, under SDCL 43-32-15, and SDCL 43-32-18 lets a landlord end a fixed lease early when the tenant uses the property contrary to the lease or fails to make required repairs after a request.

Once the landlord has grounds, the landlord must follow these court steps:

1. File UJS-232 (Case Filing Statement) with the Clerk of Court. Submit UJS-111 (Summons for Eviction) and UJS-112 (Verified Complaint for Eviction) with it. The filing fee runs about $70 to $72, according to the UJS eviction checklist.
2. Serve the filed papers on the tenant through the sheriff or a process server and file proof of service, following the UJS landlord eviction packet.
3. Wait for the answer window. The Legislature amended SDCL 21-16-7 in 2024, giving the tenant four days, and VOR, Inc. v. O'Farrell, 2025 S.D. 2, confirmed four. The current UJS-111 summons form still prints five days, excluding weekends and holidays. Ask the Clerk which number the court applies. The tenant answers on UJS-119 and pays a $25 fee, which the court may waive. A pre-answer motion to dismiss does not pause that deadline.
4. If the tenant doesn't answer, file UJS-113, UJS-114, UJS-306, and the caption of UJS-117 for default judgment. If the tenant does answer, set a hearing and file and mail UJS-116. Bring UJS-138 for the judgment. The Heiser v. Rodway court described these proceedings as "truncated and designed to bring a quick resolution to the question of possession," though the same case allows equitable defenses relevant to possession.
5. Take the judgment for possession, plus rent or damages if you included them in the complaint, under the 2020 session law.
6. Hand the writ to the sheriff. The sheriff does the physical removal, and the 10-day and 30-day storage rules for left-behind property start running once the tenant is out.

Retaliation: what a landlord cannot do after you complain

SDCL 43-32-27 protects a good-faith written code complaint to a government agency. It also protects a written repair notice under 43-32-9 and organizing or joining a tenants' union. After any of those acts, raising rent above fair market value counts as retaliation. The law also covers decreasing electric, gas, water, or sewer service. It separately covers serving a notice to vacate that isn't based on a lease breach.

A landlord may raise the 180-day timing as a defense. A notice to vacate served more than 180 days after the triggering event gives the landlord that defense; nothing in the text creates a presumption that action inside 180 days was retaliatory. Two more limits narrow the statute. It expressly excludes a landlord's decision not to renew an expired written lease. The statute never covers a rent increase at or below fair market value, however soon it follows a complaint.

SDCL 43-32-28 gives the tenant everything available under 43-32-6 (injunction, possession, lease termination, two months' rent, return of advance rent and deposit) plus attorney's fees the court may award up to $500.

South Dakota appellate courts have not recognized retaliation as an affirmative defense inside a forcible entry and detainer action. That remains true after S.B. Partnership v. Gogue and the court's 2025 opinion in VOR, Inc. v. O'Farrell. The retaliation claim may need to run as its own lawsuit. Federal law overlays a separate protection: 42 U.S.C. § 3617 and 24 CFR § 100.400 bar retaliation against someone exercising fair housing rights, but HUD guidance applies that only where the retaliation connects to a protected class, not to housing-code complaints generally.

Repairs and habitability: duties a landlord cannot waive

SDCL 43-32-8 reads: "In every hiring of residential premises, the lessor shall keep the premises and all common areas in reasonable repair and fit for human habitation and in good and safe working order during the term of the lease except when the disrepair has been caused by the negligent, willful or malicious conduct of the lessee or a person under his direction or control." That duty covers electrical and plumbing systems. It also covers heating systems.

A lease cannot sign this away. The statutory text states: "The parties to a lease or hiring of residential premises may not waive or modify the requirements imposed by this section," so an "as-is" clause or a tenant-pays-all-repairs clause is void on this point. The single permitted variation is an agreement that the tenant will perform specified repairs in lieu of rent. The tenant's own duty under SDCL 43-32-10 is to keep the unit in good condition and fix deterioration caused by their negligence or misconduct.

When a landlord fails to repair after written notice stating the specific repairs and a reasonable deadline, SDCL 43-32-9 gives the tenant these routes:

• Repair the problem and deduct the cost from rent, or recover it from the landlord. The statute sets no dollar cap on this deduction.
• Vacate and be "discharged from additional charges of rent or performance of other conditions." If the repair cost exceeds one month's rent, the tenant may instead withhold rent after a second written notice stating the reason, deposit it immediately in a separate bank or savings-and-loan account kept only for repairs, and give the landlord written evidence of the deposit. When the landlord finishes the repairs, the tenant releases the money; otherwise the tenant may spend it on the repairs.

South Dakota has no court-run rent escrow. The South Dakota Law Review notes the 43-32-9 account stays under the tenant's control and is not an escrow in the legal sense. If you stop paying rent over a broken furnace without the written notice and the separate account, you have no statutory cover. The same is true if you fail to provide proof of deposit. You also hand the landlord grounds under 21-16-1(4).

Discrimination: protected classes and service animals

SDCL 20-13-20 bars discrimination in renting, leasing, subleasing, and advertising on nine grounds. The nine grounds are race and color; creed and religion; sex and ancestry; disability and familial status; and national origin. The federal Fair Housing Act at 42 U.S.C. § 3604 covers seven of those; creed and ancestry are state additions. HUD guidance reads the federal "sex" category to include sexual orientation and gender identity, categories the state statute does not name.

Familial status under SDCL 20-13-20.1 means one or more people under 18 living with a parent, legal custodian, or someone granted custody. It extends to pregnant applicants and people in the process of securing custody. SDCL 20-13-20.2 exempts housing that state or federal programs designate for elderly or disabled residents. It also exempts housing solely for people 62 and older and communities that reserve at least 80 percent of their units for occupancy by people 55 and older.

For disability, SDCL 20-13-20(4) prohibits refusing reasonable modifications to the property that a disabled tenant needs for full enjoyment of the unit. The tenant pays for the modification, and the landlord may condition consent on an agreement to restore the premises, ordinary wear and tear excepted. Neither the state statute nor the Human Rights guidance reviewed here sets out separate rules for assistance animals; those disputes run through the federal disability provisions HUD enforces.

Complaints go to one of two agencies, on two different clocks. The Division of Human Rights at 123 W. Missouri Ave., Pierre, SD 57501 (605.773.3681) takes state-law complaints within 180 days of the harm. The agency posts complaint forms online.

The HUD complaint portal accepts federal complaints online. You can also file by phone at 1-800-669-9777 or mail Form 903.1 to the regional office.

For South Dakota, that office is in Denver at 1670 Broadway, Denver, Colorado 80202. Its phone numbers are (303) 672-5437 and (800) 877-7353.

The federal deadline is one year under 42 U.S.C. § 3610, and HUD must finish its investigation within 100 days unless impracticable. A private lawsuit in federal or state court has a two-year window under 42 U.S.C. § 3613. Time spent in a HUD proceeding does not count toward that window.

What South Dakota does not regulate: rent control and rental fees

South Dakota has no rent control statute and no cap on the size of a rent increase. The only rule on increases is procedural: for month-to-month tenants, SDCL 43-32-13 requires written notice at least 30 days before the month expires. The new rent becomes part of the lease if the tenant stays, and the tenant may leave on the first of the next month by giving notice within 15 days. The anti-retaliation statute adds a narrow check, reaching only increases above fair market value that follow a protected complaint. The South Dakota landlords guide walks through the notice mechanics for fixed-term and periodic leases.

Late fees have no statutory dollar or percentage ceiling anywhere in Chapter 43-32. SDCL 43-32-12 sets default rent due dates and yields to whatever the lease says, without addressing late charges. General contract law limits a late fee: SDCL 53-9-4 and 53-9-5 void contractual penalties and stipulated damages that don't reasonably approximate actual harm. The Supreme Court's test from BankWest, NA v. Groseclose asks whether damages were hard to estimate when the contract was signed and whether the parties made a reasonable attempt to fix compensation. It also asks whether the amount bears a reasonable relation to probable damages. A court would apply the BankWest factors to the fee; lawmakers set no automatic safe amount.

Application fees are equally open. No statute caps them or requires refunds. The Consumer Protection office acknowledges landlords may charge them to cover screening costs and tells applicants to ask the amount and whether it's refundable. The one backstop is the Deceptive Trade Practices Act, SDCL Chapter 37-24, which covers residential leases and prohibits misrepresentations and material omissions. That statute reaches a landlord who lies about what a fee is for or whether it comes back; it does not reach a fee that is merely high and honestly disclosed.

Lease clauses and disclosures a landlord cannot skip

Lease templates for landlords in South Dakota need three clauses stripped before signing. Any term waiving the repair duty in 43-32-8 is void. Any deposit provision exceeding one month's rent also fails unless it documents an agreed special condition. A third restriction appears in SDCL 43-32-18.1: a lease "may not include any term that authorizes the eviction of a tenant who calls or otherwise seeks assistance from law enforcement or other emergency responders because of an alleged incident of domestic abuse, unlawful sexual behavior, or stalking," and nothing in the chapter permits eviction solely because a tenant or household member is a victim.

Commentators often cite SDCL 25-10-1 for the domestic abuse protections, but that section only defines terms. SDCL 25-10-1 defines "domestic abuse" and "protection order," which can last up to five years. It also defines "temporary protection order," which can last 30 days. The Legislature added the lease rules to Chapter 43-32 through SL 2020, ch 190.

Under SDCL 43-32-19.1, a tenant or household member who is a victim of domestic abuse, unlawful sexual behavior, or stalking may end the lease without penalty. The tenant must notify the landlord in writing that they fear imminent danger.

The tenant must attach a police report or a protection order. Alternatively, the tenant may attach documentation from a licensed health care provider. The police department, court, or licensed health care provider must date the document within the 30 days before the notice. The tenant owes no early termination fee and no rent for the month after vacating. SDCL 43-32-19.2 bars the landlord from disclosing that tenant's forwarding address or contact information without consent or legal requirement.

State law stops there: it provides neither a lock-change statute nor a lease bifurcation statute allowing removal of an abuser while the victim stays. Those tools exist only in federally assisted housing under VAWA, 34 U.S.C. § 12491, where a covered provider may bifurcate the lease. The provider must give remaining ineligible tenants 90 days and may extend that period by 60 days to establish eligibility or relocate under 24 CFR § 5.2009.

One disclosure is mandatory. SDCL 43-32-30 requires a landlord with "actual knowledge of the existence of any prior manufacturing of methamphetamines on the premises" to disclose it to any lessee or prospective lessee, limited in multi-unit buildings to the affected unit. The statute has no remediation exception and no written-format requirement, and South Dakota has no statewide cleanup certification that would excuse disclosure, according to the Natural Resources Department. It also carries no stated penalty; a tenant harmed by undisclosed contamination would sue on common-law fraud or warranty theories.

Left-behind property rounds out the lease checklist. Rather than writing a clause that lets you throw everything out on day one, track the 43-32-25 and 43-32-26 thresholds: ten days for property worth $500 or less, 30 days of storage with a lien for anything worth more.

What to do if your landlord breaks these rules

Start with the statute that fits, because the remedy depends on it. A lockout or utility cutoff supports a suit under 43-32-6 for two months' rent, the deposit, and possession. A deposit held past 21 days without a statement means the landlord has forfeited the right to keep any of it. A discrimination complaint goes to the Division of Human Rights within 180 days or HUD within one year, using the contacts in the discrimination section above.

The Consumer Protection Division fields landlord-tenant questions at (605) 773-4400 or toll-free at 1-800-300-1986 for South Dakota callers. You can also email consumerhelp@state.sd.us or mail the Division at 1302 S.D. E. Hwy 1889 Suite 3, Pierre, SD 57501-8501. The online complaint form provides another option.

The Division investigates deceptive business practices, but it cannot act as your lawyer. State law bars the Division from giving legal advice to private parties; the Division labels its landlord-tenant materials as educational only.

For a lawyer at no cost or reduced cost, three programs cover the state:

• Program | Who it serves | Contact
• East River Legal Services | 33 eastern counties including Minnehaha, Lincoln, Brown, Brookings, and Codington; evictions, repairs, lease non-renewal and termination; income-based | (605) 336-9230 or 1-800-952-3015; Housing Hotline 1-855-586-3066; 335 N. Main Ave., Suite 200, Sioux Falls, SD 57104; info@erlservices.org
• Dakota Plains Legal Services | 34 counties and 9 tribal nations through 8 offices; evictions, landlord-tenant disputes, deposits; income-based, and people over 60 qualify regardless of income; tribal membership not required | Sioux Falls 605-301-8060; Rapid City 605-342-7171; Mission 605-856-4444; Pine Ridge 605-891-3218; Sisseton 605-698-3971; Eagle Butte 605-964-2175; Fort Thompson 605-245-2341
• Access to Justice, State Bar of South Dakota | Referrals to pro bono or modest-means attorneys; eligibility at 125% of the federal poverty level generally, 150% for survivors of domestic violence, sexual assault, trafficking, or stalking, 200% for people with disabilities, the elderly, and veterans | (855) 287-3510; 111 West Capitol Avenue #1, Pierre, SD 57501

Contact details come from East River Legal Services, Dakota Plains Legal Services, and the UJS legal help page. Dakota Plains asks tenants to call the moment an eviction notice or court deadline arrives, not the day before the hearing.

If you're filling out court forms without a lawyer, the UJS Legal Form Help Line at 1-855-784-0004 answers questions about the forms themselves and nothing else. UJS posts tenant answer forms UJS-119 and UJS-120 with the UJS eviction forms.

If you're auditing your own landlord practices, you can pair the statutes with the coverage side. The Landlord Hub has guides on coverage types and state-specific requirements, plus how to evaluate your options. Steadily writes landlord insurance in South Dakota with liability limits from $100K to $1M+. Get a quote in minutes at quote.steadily.com, no phone call required. Update the deposit deadline in your lease to 21 days before your next turnover.

FAQ

These answers summarize South Dakota's entry and deposit rules. They also cover eviction, retaliation, and complaints. Follow the cited statutes when a lease or court deadline is involved.

Can a landlord enter without notice in South Dakota?

Only in an emergency or when notice is impracticable. Otherwise SDCL 43-32-32 presumes 24 hours' written notice is reasonable, and the notice must list the date and a window during business hours. It must also state the purpose and provide a way to reschedule. A lease can substitute a different method, such as text, if both parties agree to it in writing.

How much can a landlord charge for a security deposit, and when must it come back?

One month's rent is the cap under SDCL 43-32-6.1, unless the landlord and tenant agree to more because a special condition, such as a pet, threatens the property. After move-out, the landlord has 21 days from receiving the tenant's forwarding address to refund or explain in writing. The landlord has 45 days from termination to itemize on request. That deadline was two weeks before July 1, 2026.

What happens if a landlord changes the locks or shuts off the power?

The tenant can sue under SDCL 43-32-6 for an injunction or possession and collect two months' rent plus the deposit and any prepaid rent. Once a court finds forcible exclusion, SDCL 21-3-6 also requires treble damages regardless of the landlord's good faith. Eviction requires a court judgment and the sheriff.

What rights does a landlord keep?

A landlord may file for eviction on the fourth day after unpaid rent without any separate notice, since the legislature repealed the three-day notice to quit in 2024. There is no limit on rent increases beyond 30 days' written notice for month-to-month tenants. South Dakota also caps neither late fees nor application fees. The landlord may decline to renew an expired lease without that counting as retaliation.

Is it retaliation if my landlord raises rent after I report a code violation?

Only if the new rent exceeds fair market value and follows a written code complaint, a written repair notice, or tenant-union activity. A notice to vacate more than 180 days after the complaint gives the landlord a defense. If the tenant proves retaliation, the tenant recovers the 43-32-6 remedies plus up to $500 in attorney's fees under SDCL 43-32-28.

Which lease clauses are illegal in South Dakota?

Clauses that waive the landlord's repair duty under SDCL 43-32-8 are illegal. So are clauses that set a deposit above one month's rent without a documented special condition. SDCL 43-32-18.1 also bars clauses authorizing eviction of a tenant who calls police about domestic abuse, sexual violence, or stalking. Any term that lets the landlord bypass the court process for eviction is unenforceable as well.

Where do I report a landlord in South Dakota?

Landlord-tenant questions and deceptive-practice complaints go to the Attorney General's Consumer Protection Division at (605) 773-4400 or 1-800-300-1986. Housing discrimination goes to the Division of Human Rights in Pierre within 180 days or to HUD at 1-800-669-9777 within one year. For statutory damages such as the two-months'-rent lockout remedy, you file a lawsuit. East River Legal Services, Dakota Plains Legal Services, or Access to Justice can screen you for a free or reduced-fee attorney.

What should you not say to your landlord?

Don't announce that you're going to stop paying rent over a repair problem before you've done the legal groundwork. Under SDCL 43-32-9, rent withholding only protects you if you first send written notice naming the specific repairs and a reasonable deadline. When the repair cost exceeds one month's rent, you must also deposit the withheld rent in a separate bank account and give the landlord written proof of that deposit. Saying you'll withhold without those steps hands the landlord grounds to file an eviction action under SDCL 21-16-1(4) once rent is three days late.

Don't rely on a phone call or a verbal complaint when you want the statute's protection. The anti-retaliation shield in SDCL 43-32-27 covers a good-faith written code complaint to a government agency and a written repair notice under SDCL 43-32-9. It also covers tenant-union activity; a phone grumble leaves no record and no protection. Don't verbally agree to a lease change, a larger deposit, or standing entry times either; the 24-hour notice presumption in SDCL 43-32-32 only bends by mutual agreement written into the lease. And before you move out, give your mailing address to the landlord in writing. The 21-day clock for returning your deposit under SDCL 43-32-24 does not start until the landlord has it.