Tenant Rights and Responsibilities in South Dakota

In South Dakota, tenants have the right to a habitable living space, privacy, and protection against illegal discrimination. Landlords must maintain the property in compliance with health and safety codes, make necessary repairs, and provide essential services like heat and water. You also have the right to get your security deposit back within 45 days after moving out, minus any legitimate deductions for damages beyond normal wear and tear.

South Dakota law does not set a specific limit on how much landlords can charge for security deposits. The amount is typically negotiated between the landlord and tenant in the lease agreement. However, the security deposit must be returned within 45 days after you move out, with an itemized list of any deductions.

South Dakota law does not specify a required notice period for landlord entry. However, most courts recognize that landlords must provide 'reasonable notice' before entering a tenant's unit, except in emergencies. It's best to check your lease agreement, as it may specify a notice period. Generally, 24 hours is considered reasonable in most circumstances.

For month-to-month tenancies in South Dakota, either party must provide at least one month's notice to terminate the lease. For fixed-term leases, the lease typically ends on the date specified in the agreement, unless it contains renewal provisions. If you break a lease early, you may be liable for rent until the unit is re-rented or until the lease term ends, though landlords have a duty to mitigate damages by trying to find a new tenant.

South Dakota has no rent control laws, so landlords can increase rent by any amount when a lease term ends. For month-to-month tenancies, landlords must provide at least one month's notice before implementing a rent increase. During a fixed-term lease, rent cannot be increased unless the lease specifically allows for it.

South Dakota landlords must maintain rental properties in a habitable condition, including maintaining electrical, plumbing, sanitary, heating, and air conditioning systems. They must also comply with applicable building and housing codes. If essential services fail, you should notify your landlord in writing. If repairs aren't made within a reasonable time, you may have remedies such as withholding rent or making the repair yourself and deducting the cost from rent, but you should consult with a legal professional before taking such actions.

South Dakota law doesn't explicitly provide for rent withholding, but courts may recognize this remedy in certain circumstances. Before withholding rent, you should: 1) Ensure the issue makes the unit uninhabitable, 2) Provide written notice to your landlord, 3) Give reasonable time for repairs, and 4) Consider placing the withheld rent in an escrow account. Since this is legally risky, consult with a legal professional before withholding rent.

To maximize your chances of getting your full security deposit back: 1) Give proper notice before moving out, 2) Clean the rental thoroughly, 3) Remove all belongings, 4) Document the condition with photos or video, 5) Return all keys, and 6) Provide a forwarding address. Landlords must return your deposit within 45 days after you move out, along with an itemized list of any deductions. If they fail to do so, you may be entitled to recover the full deposit amount through small claims court.

In South Dakota, landlords can only evict tenants for valid reasons such as non-payment of rent, lease violations, or illegal activities. The eviction process requires proper notice (typically 3 days for non-payment of rent, 30 days for lease violations). Landlords cannot use 'self-help' methods like changing locks or removing belongings; they must go through the court process. Retaliatory evictions (e.g., evicting a tenant for complaining about code violations) are illegal.