South Dakota (SD) law guide
South Dakota's residential rental framework is governed by **SDCL Chapter 43-32**, a compact statute that favors straightforward landlord-tenant dealings with relatively few tenant protections beyond habitability and deposit rules. The state prohibits statewide rent control and expressly bars cities from enacting their own rent ordinances under **SDC § 6-1-13**, giving landlords broad pricing flexibility across every market from Sioux Falls to Rapid City.
Security deposit limit
1 month's rent (unfurnished); 1.5 months (furnished)
Deposit return deadline
14 days after tenancy ends
Statewide rent control
None -- banned by SDC § 6-1-13
Nonpayment eviction notice
3-day pay-or-quit notice
South Dakota rental market snapshot
Population
~935,000 (2025 estimate)
Renter households
~31% of households rent
Median rent
~$1,100 (2BR)
Largest rental markets
Sioux Falls, Rapid City, Aberdeen, Brookings, Watertown
Sioux Falls, the state's dominant rental market, holds two-bedroom rents near $1,100 to $1,150 per month -- well below the national median -- a gap that reflects South Dakota's landlord-friendly legal climate, absence of rent control, and strong owner-occupancy culture that keeps rental supply relatively tight outside the university cities of Brookings and Vermillion.
South Dakota limits the security deposit to one month's rent for unfurnished rentals and up to one and one-half months' rent for furnished units under SDCL § 43-32-24. A landlord may collect a higher amount only if the tenant agrees in writing and documented special conditions -- such as a pet or unique damage risk -- make a larger deposit objectively reasonable. This dual-tier cap is one of the clearer deposit rules in the Great Plains region, giving both landlords and tenants predictable boundaries from day one.
After a tenancy ends, the landlord has 14 days to return the deposit (or the remaining balance after deductions) once the tenant has vacated and provided a forwarding address. Any portion withheld must be accompanied by a written, itemized statement of deductions delivered within that same 14-day window. Permissible deductions include unpaid rent or utilities and physical damage to the unit beyond ordinary wear and tear -- routine carpet fading or minor wall scuffs do not qualify.
Landlords who miss the 14-day deadline or fail to supply the required itemized accounting forfeit their right to keep any portion of the deposit. Courts may also award tenants up to two times the withheld deposit amount as a penalty, plus court costs and reasonable attorney fees. South Dakota does not require deposits to be held in a separate escrow account, but commingling with operating funds is strongly discouraged and may support a tenant's bad-faith claim in litigation.
South Dakota has no statewide rent control or rent stabilization law, and the legislature has gone further than most states by expressly prohibiting municipalities from enacting local rent control ordinances under SDC § 6-1-13. That means Sioux Falls, Rapid City, and every other city in the state cannot cap how much a landlord charges or how much rent can rise in a given year. Landlords are free to set rents at whatever the market will bear.
For month-to-month tenancies, landlords must give tenants at least 30 days' written notice before a rent increase takes effect. Fixed-term leases lock in the rent for the duration of the lease; a landlord cannot raise rent mid-lease unless the written agreement explicitly allows it. At lease renewal, no statutory cap restricts the size of an increase, so tenants on expiring leases should review renewal offers carefully.
The combination of no rent control and a 30-day notice requirement for month-to-month adjustments reflects South Dakota's generally market-oriented approach to housing. Tenants seeking long-term rent predictability benefit most from negotiating multi-year leases with written rent-increase provisions, since the law provides no ceiling on what a landlord may charge upon renewal.
Before a landlord can file an eviction lawsuit in South Dakota, the law requires a written notice to the tenant. For nonpayment of rent, the landlord must serve a 3-day pay-or-quit notice stating the amount owed and giving the tenant three days to pay in full or vacate. If the tenant neither pays nor leaves within that period, the landlord may file a Forcible Entry and Detainer (FED) action in the circuit court under SDCL Title 21, Chapter 16.
For a lease violation other than nonpayment -- such as unauthorized occupants, property damage, or nuisance conduct -- the landlord must provide written notice giving the tenant a reasonable opportunity to cure the violation before filing in court. Terminating a month-to-month tenancy without cause requires 30 days' written notice to the tenant. Once an FED complaint is filed, the tenant has four days after receiving the summons to file a written answer; failure to answer can result in a default judgment.
Self-help eviction is strictly prohibited in South Dakota. A landlord may not change locks, remove doors, shut off utilities, or take any other action designed to force a tenant out without a court order. Doing so exposes the landlord to civil liability. Only a law enforcement officer acting on a court-issued writ of possession may physically remove a tenant from the premises. The full eviction process -- from initial notice to actual removal -- typically spans several weeks, depending on court scheduling and whether the tenant contests the action.
South Dakota imposes an implied warranty of habitability on all residential leases under SDCL § 43-32-8. Landlords must keep rental units in reasonable repair, structurally sound, and fit for human habitation throughout the tenancy. This includes maintaining functioning electrical wiring, plumbing, heating systems, and hot and cold running water. The warranty cannot be waived by lease language -- any clause purporting to eliminate the landlord's repair obligation is unenforceable.
Tenants must notify the landlord in writing of any habitability defect and allow a reasonable time for repairs before pursuing remedies. If a landlord ignores a documented repair request, a tenant may have grounds to withhold rent, seek rent abatement, or pursue damages in court. South Dakota also recognizes an anti-retaliation rule: a landlord may not evict, raise rent on, or decrease services to a tenant within 180 days of the tenant filing a good-faith housing complaint with a government agency or exercising any legal right.
Landlords must provide 24 to 48 hours' advance notice before entering an occupied unit for non-emergency inspections or repairs. Emergency entry to prevent imminent damage or address a safety hazard may occur without prior notice. Tenants have a right to quiet enjoyment of the premises, meaning the landlord cannot repeatedly enter without cause or otherwise interfere with the tenant's peaceful use of the rental. Violations of the entry-notice requirement can support a claim for damages and, in egregious cases, may constitute constructive eviction.
This guide is general information, not legal advice. Governing statute: South Dakota Codified Laws Chapter 43-32 (Landlord and Tenant). Laws change; confirm the current statute or consult an attorney before acting. Last reviewed 2026-06-04.
South Dakota FAQ
For an unfurnished rental, the maximum security deposit is one month's rent. For a furnished unit, the cap rises to one and one-half months' rent. A landlord may collect more only if the tenant agrees in writing and documented special conditions justify it, such as a pet deposit for a high-risk animal.
A South Dakota landlord must return the deposit -- or the remaining balance after itemized deductions -- within 14 days after the tenancy ends and the tenant has provided a forwarding address. Missing that deadline forfeits the landlord's right to keep any of the deposit, and a court may award the tenant up to two times the withheld amount in damages.
No. South Dakota has no statewide rent control or stabilization law, and state law (SDC § 6-1-13) expressly prohibits cities and towns from enacting their own rent control ordinances. Landlords may charge and raise rents freely, subject only to a 30-day written notice requirement for month-to-month tenants.
South Dakota requires a written 3-day pay-or-quit notice for nonpayment of rent. The notice must state the amount owed and give the tenant three full days to pay or vacate. If the tenant does neither, the landlord can then file a Forcible Entry and Detainer action in circuit court.
No. Self-help eviction is illegal in South Dakota. A landlord cannot change locks, remove doors, or shut off utilities to pressure a tenant to vacate. Only a court-issued writ of possession, enforced by a law enforcement officer, can legally remove a tenant from a rental property.
A landlord must give at least 30 days' written notice before a rent increase takes effect on a month-to-month tenancy. Fixed-term leases lock in the agreed rent for the full lease term; increases mid-lease are only permissible if the written lease contains a specific clause allowing them.
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