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South Dakota landlord-tenant law.

Updated August 2026. State law bars any city or county from enacting rent control on private residential property (SDCL 6-1-13).

Deposit limit

Capped at one month's rent, unless landlord and tenant agree to a larger amount because special conditions pose a danger to the property (SDCL 43-32-6.1).

Deposit return

Landlord must return the deposit, or send a written statement of reasons for withholding, within two weeks after the tenancy ends and the landlord has the tenant's forwarding address; if the tenant asks, an itemized accounting is due within 45 days, and missing these deadlines forfeits the right to withhold anything (SDCL 43-32-24).

Notice to pay

A 2024 law (SB 90) repealed the old 3 day statutory notice to quit (former SDCL 21-16-2). A landlord may now file a forcible entry and detainer action directly once rent is 3 or more days late, though a lease can still require its own notice period.

Landlord entry

Reasonable notice is required except in an emergency or when notice is impracticable; 24 hours' written notice is presumed reasonable, and the notice must state the date, a time window during normal business hours, the purpose, and a way for the tenant to request a different time (SDCL 43-32-32).

Security deposits

Deposit limit. Capped at one month's rent, unless landlord and tenant agree to a larger amount because special conditions pose a danger to the property (SDCL 43-32-6.1).

Getting it back. Landlord must return the deposit, or send a written statement of reasons for withholding, within two weeks after the tenancy ends and the landlord has the tenant's forwarding address; if the tenant asks, an itemized accounting is due within 45 days, and missing these deadlines forfeits the right to withhold anything (SDCL 43-32-24).

Late fees and rent

No statutory cap and no mandatory grace period. A late fee is enforceable only if the written lease provides for it and the amount is a reasonable estimate of the landlord's actual cost from the late payment.

Ending a tenancy

Nonpayment of rent. A 2024 law (SB 90) repealed the old 3 day statutory notice to quit (former SDCL 21-16-2). A landlord may now file a forcible entry and detainer action directly once rent is 3 or more days late, though a lease can still require its own notice period.

Month-to-month termination. 15 days' written notice by either party, reduced from 30 days by a 2024 law (SB 89, amending SDCL 43-8-8). Active duty military tenants and their immediate family are entitled to 2 months' notice.

Landlord entry

Reasonable notice is required except in an emergency or when notice is impracticable; 24 hours' written notice is presumed reasonable, and the notice must state the date, a time window during normal business hours, the purpose, and a way for the tenant to request a different time (SDCL 43-32-32).

Required disclosures

  • Federal lead based paint disclosure and EPA pamphlet for units built before 1978 (42 U.S.C. 4852d)
  • Known prior methamphetamine manufacture on the premises, if the landlord has actual knowledge (SDCL 43-32-30)

Lease clauses that do not hold up

  • Lease clause allowing eviction of a tenant for calling police or emergency responders about domestic abuse, sexual assault, or stalking
  • Waiver of a tenant's statutory rights under the residential landlord tenant chapter
  • Attornment of a tenant to a stranger without the landlord's consent or a court judgment

Notes for landlords

South Dakota rewrote its eviction rules in 2024: there is no more mandatory pre suit notice for nonpayment, and month to month notice dropped from 30 to 15 days, so lease templates and workflows built around the old timelines need updating. Always check the lease itself for a notice promise, since the statute no longer fills that gap for nonpayment.

Sources

This guide is general legal information for landlords, not legal advice. Statutes change and local ordinances can add stricter rules on top of state law. Confirm any requirement with the current statute or a licensed attorney in your state before acting on it.

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