Landlord laws
South Dakota landlord-tenant law
S.D. Codified Laws ch. 43-32 (Lease of Real Property) and ch. 21-16 (Forcible Entry and Detainer), plus § 20-13-20 (official text, sdlegislature.gov)
Last verified Oct 2026
General information only. Not legal advice. RentToolkit is not a law firm. Laws and local ordinances change, so check the statute and consult a licensed attorney in your state before acting.
| Topic | Rule (plain English) | Statute | Status |
|---|---|---|---|
| Security deposit cap | A deposit may not exceed 1 month's rent. You and the tenant may agree to a larger deposit if special conditions endanger upkeep of the premises. | SDCL 43-32-6.1 | Verified |
| Deposit return deadline | Within 21 days after the tenancy ends and you receive the tenant's mailing address or delivery instructions, return the deposit or give a written statement of the specific reasons for withholding any of it. Deductions are limited to unpaid rent, other money owed under an agreement, and restoring the unit to its move-in condition, minus ordinary wear and tear. If the tenant asks, give an itemized accounting within 45 days after the tenancy ends. Failing to comply forfeits your right to withhold anything. Bad-faith retention can bring punitive damages of up to $200. | SDCL 43-32-24 | Verified |
| Deposit holding and interest | Not specified in state statute. No statute requires paying interest or using a separate account. We checked every section of SDCL ch. 43-32. | SDCL ch. 43-32 | Not in statute |
| Late fee cap and grace period | Not specified in state statute. South Dakota statutes set no residential late-fee cap and require no grace period. We checked every section of SDCL ch. 43-32. Note: Late-fee limits, if any, come from the lease and contract case law, not statute. | SDCL ch. 43-32 | Not in statute |
| Landlord entry notice | Except in an emergency or when impracticable, give reasonable notice and enter only at reasonable times. 24 hours' written notice is presumed reasonable unless the lease sets other terms. The notice must state the date, a time window during normal business hours, the purpose, and how the tenant can ask to reschedule. | SDCL 43-32-32 | Verified |
| Rent increase notice | For a month-to-month tenancy, give written notice at least 30 days before the end of the month. New terms, including rent, take effect at the end of that month if the tenant stays. The tenant may end the lease effective the first of the next month by giving notice within 15 days of receiving yours. | SDCL 43-32-13 | Verified |
| Rent control status | Not specified in state statute. No statewide rent control, and no state statute bans local rent limits. We checked SDCL ch. 43-32. Note: Whether a municipality may adopt rent limits depends on law outside this chapter. | SDCL ch. 43-32 | Not in statute |
| Eviction notice: nonpayment | An eviction (forcible entry and detainer) action may be brought once the tenant fails to pay rent for 3 days after it is due. The statute that required a separate pre-filing notice to quit (SDCL 21-16-2) was repealed in 2024. The summons and complaint must be served with at least 2 attempts. | SDCL 21-16-1(4), 21-16-6 | Verified |
| Eviction notice: lease violation | You may end the lease early if the tenant uses the premises in a way the lease prohibits, or fails to make required repairs within a reasonable time after you ask. An eviction action may be brought if the tenant commits waste or does or fails to do something that ends the lease under its terms. No statute sets a separate notice or cure period. | SDCL 43-32-18, 21-16-1(7) | Verified |
| Required disclosures | If you actually know that methamphetamine was ever manufactured on the premises, disclose it to any tenant or prospective tenant (43-32-30). For pre-1978 housing, give the federal lead-paint disclosure (40 CFR 745.113). | SDCL 43-32-30; 40 CFR 745.113 | Verified |
| Fair housing beyond federal law | South Dakota adds ancestry and creed. Its other classes match federal law. | SDCL 20-13-20 | Verified |
Last verified Oct 2026 · Sources are official state legislature sites. Federal rules also apply.
Tools for South Dakota landlords
Late fee calculator
Model grace periods and fees.
Open →Prorated rent calculator
Mid-month move-ins.
Open →Rent increase calculator
New rent and annual impact.
Open →General information only. Not legal advice. RentToolkit is not a law firm. Laws and local ordinances change, so check the statute and consult a licensed attorney in your state before acting.