Landlord Rules in South Dakota: Renting Out Property (2026)

Reviewed by DocDraft Legal Team · South Dakota · Last updated 2026-05-18

In South Dakota, every step of the landlord life-cycle is controlled by South Dakota statute: registration, disclosure, deposit handling, entry, termination, eviction, and fair-housing exposure. Two anchors orient the rest: deposit timing (two weeks) and month-to-month termination notice (one month). This guide details each step in the South Dakota sequence.

Key Considerations

Once a South Dakota tenant is in possession, two timing rules matter. The landlord cannot walk in unannounced. 24 hours And the landlord cannot terminate a month-to-month arrangement without statutory notice. one month

Eviction in South Dakota is a formal court process, not a self-help option. An action of forcible entry and detainer, or of detainer only, is maintainable if a lessee in person or by subtenants holds over after the termination of his lease or expiration of his term, or fails to pay his rent for three days after the same shall be due. Layered over the whole tenancy is fair-housing compliance. Discrimination complaints are filed

The South Dakota landlord stack begins with the registration question and the deposit framework. On registration: No state-level statute. Governed by common law / municipal ordinance / case law as applicable. On the deposit cap itself: one month's rent On the return clock: two weeks

Need These Documents?

DocDraft can help you draft them with AI, with licensed attorney review included. Plans from $39.99/mo.

Residential Lease Agreement Rental Application Form Move-In/Move-Out Inspection Checklist

Relevant Documents

The South Dakota landlord toolkit centers on a state-specific lease (with statutory disclosures), a compliant entry-notice template, a deposit-itemization form keyed to the state's return deadline, and the pre-suit eviction notice format the state requires before filing.

Landlord's Rules and Regulations

A supplementary document to the lease that outlines specific rules for the property, such as quiet hours, guest policies, and maintenance responsibilities.

Move-In/Move-Out Inspection Checklist

A document that records the condition of the rental property before the tenant moves in and after they move out, which helps determine if any damage occurred during the tenancy.

Notice of Entry Form

A document used by landlords to notify tenants of their intent to enter the rental property, typically required by state law with specific advance notice periods.

Rental Application Form

A form used to collect information about potential tenants, including employment history, income, references, and authorization for background and credit checks.

Residential Lease Agreement

A legally binding contract between a landlord and tenant that outlines the terms and conditions of the rental arrangement, including rent amount, security deposit, lease duration, and other important provisions.

Security Deposit Receipt

A document acknowledging the landlord's receipt of the security deposit, including the amount, date received, and where the deposit will be held.

Relevant Laws

South Dakota Codified Laws § 43-32-6 to 8

These laws establish the landlord's obligation to maintain the rental property in a habitable condition. Landlords must comply with building and housing codes, make necessary repairs, keep common areas clean and safe, and maintain essential services like electricity, heating, and plumbing. This is relevant to property owners as failure to maintain these standards could result in tenant remedies including termination of the lease.

South Dakota Codified Laws § 43-32-9

This statute outlines a landlord's right to access the rental property. Landlords may enter with reasonable notice (typically 24 hours) for repairs, inspections, or showing the property to prospective tenants. Understanding these access limitations is crucial for landlords to avoid privacy violations while maintaining their property.

South Dakota Codified Laws § 43-32-12

This law addresses security deposits in South Dakota. Landlords may collect a security deposit not exceeding one month's rent unless the unit is furnished or has special facilities. The deposit must be returned within two weeks of lease termination, less any deductions for damages beyond normal wear and tear. Proper handling of security deposits is essential to avoid legal disputes.

South Dakota Codified Laws § 43-32-13

This statute outlines the legal process for evictions in South Dakota. Landlords must provide proper notice (typically three days for non-payment of rent) before filing an eviction action. Understanding the eviction process is critical for landlords to legally remove problematic tenants while avoiding wrongful eviction claims.

South Dakota Codified Laws § 43-8-8

This law requires landlords to disclose known lead-based paint hazards in housing built before 1978. Property owners must provide tenants with an EPA-approved information pamphlet and any known information about lead-based paint in the dwelling. This disclosure is federally mandated and failure to comply can result in significant penalties.

Regional Variances

Eastern South Dakota

Sioux Falls has additional rental property ordinances including mandatory rental registrations and inspections. Landlords must register their rental properties with the city and undergo periodic inspections. The city also has specific requirements for smoke detectors, carbon monoxide detectors, and minimum housing standards that may exceed state requirements.

Brookings has unique rental regulations due to the presence of South Dakota State University. The city has implemented rental housing licensing and inspection programs. Additionally, there are specific occupancy limits and noise ordinances that affect rental properties, particularly in neighborhoods near the university.

Western South Dakota

Rapid City has implemented a Crime Free Multi-Housing Program that landlords can voluntarily participate in. While not mandatory, participation provides benefits including police support and training. The city also has specific ordinances related to snow removal responsibilities for rental properties that differ from other parts of the state.

Sturgis has unique short-term rental regulations due to the annual Sturgis Motorcycle Rally. Property owners who rent during the rally may face different tax obligations and permit requirements. The city also allows for temporary use permits that aren't available in other jurisdictions.

Tribal Lands

Properties located within the Pine Ridge Reservation are subject to tribal housing laws and regulations that may differ significantly from South Dakota state law. Landlords may need to work with the Oglala Sioux Tribal Housing Authority and follow tribal court procedures for evictions rather than state procedures.

Rental properties on the Cheyenne River Reservation fall under the jurisdiction of tribal housing codes and may require approval from the Tribal Housing Authority. Eviction procedures follow tribal court processes rather than state law, and there may be specific requirements for leasing to tribal members.

Suggested Compliance Checklist

Confirm registration or rental-license status at the state and city level

Before listing days after starting

No state-level statute. Governed by common law / municipal ordinance / case law as applicable.

Size the security deposit to the rule and confirm the holding-account requirements

Before signing days after starting

one month's rent

Bundle the mandatory disclosures into the lease packet

At lease signing days after starting

Disclosure of knowledge of existence of prior manufacturing of methamphetamines

Move evictions through the formal court track set by statute

Ongoing days after starting

An action of forcible entry and detainer, or of detainer only, is maintainable if a lessee in person or by subtenants holds over after the termination of his lease or expiration of his term, or fails to pay his rent for three days after the same shall be due.

Issue the itemized deposit accounting on or before the deadline

As needed days after starting

two weeks

Match the month-to-month termination notice to the statutory minimum

At move-out days after starting

one month

Document: lease-termination-letter

Send written entry notice for every routine visit to the unit

If eviction needed days after starting

24 hours

Audit advertising, screening criteria, and adverse decisions for fair-housing exposure