South Dakota Landlord-Tenant Law for DIY Landlords (2026)

Security deposits, late fees, entry notice, the three-day notice to quit and the eviction timeline in South Dakota, in plain English for landlords who manage their own rentals.

Last updated September 23, 2026

South Dakota keeps its rental rules short. Most of them sit in SDCL chapter 43-32, and evictions run through chapter 21-16. The state has not adopted the Uniform Residential Landlord and Tenant Act, so the code leaves a lot to your lease.

That cuts both ways. Fewer rules to break, and fewer defaults to fall back on when your lease is silent. Here is what a small landlord in South Dakota has to get right, with the section behind each rule.

Security deposits

The cap is one month's rent. A residential security deposit cannot exceed one month's rent. The two of you can agree in writing to more, and only where special conditions pose a danger to maintenance of the premises (SDCL § 43-32-6.1).

You have two weeks to return it. Within two weeks after the tenancy ends and you have received the tenant's mailing address or delivery instructions, you either return the deposit or hand over a written statement showing the specific reason for withholding it or any part of it (§ 43-32-24).

Deductions are limited. You can hold back unpaid rent, other money the tenant owes under the lease, and the cost of restoring the unit. Ordinary wear and tear is not yours to charge for (§ 43-32-24).

An itemised list comes on request. If the tenant asks in writing, you have 45 days from the end of the tenancy to supply an itemised accounting of what you kept (§ 43-32-24).

The penalty for sloppiness. Miss the requirements and you forfeit the right to withhold any of the deposit. Hold money back in bad faith and a court can add punitive damages up to $200 (§ 43-32-24).

There is no escrow rule. South Dakota does not make a landlord park deposits in a separate account, and does not make you pay interest on them. A separate account is still the cleanest way to prove what you held. A licensed property manager is a different story, covered in the sister guide to this one.

Late fees and grace periods

South Dakota's rental statutes set no late-fee cap and no grace period. Whatever you charge comes from the lease, so write the amount and the trigger day into it and keep the number reasonable.

One number in the code matters more than your fee. Rent that goes unpaid for three days after it is due is a ground for an eviction action (§ 21-16-1(4)).

Rent increases and rent control

There is no state cap on rent increases and no notice period for raising rent on a fixed-term lease. You raise it at renewal.

Cities and counties cannot step in. A local government may not enact or enforce anything that controls the rent charged for private residential property, with a narrow carve-out for housing the government itself owns (SDCL § 6-1-13).

Month-to-month is different. To change the terms of a month-to-month tenancy, rent included, give written notice at least 30 days before the end of the month. The new terms bite at the end of that month if the tenant stays. The tenant gets an exit. They can end the lease effective the first day of the next month by giving you notice within 15 days of receiving yours (§ 43-32-13).

Entering the unit

You have to give reasonable notice of intent to enter, and enter at reasonable times. Twenty-four hours' written notice is presumed reasonable if the two of you have not agreed on another method or timing (§ 43-32-32).

The notice has to carry real detail. The date or dates of entry, a timeframe within regular business hours, the purpose, and how the tenant can ask to reschedule. Emergencies are exempt, as are situations where notice is impracticable (§ 43-32-32).

Ending a month-to-month tenancy

Either side ends it with notice at least as long as the rental period, capped at one month (§ 43-32-15). For a month-to-month tenancy that means one month's notice from you or from the tenant.

When rent isn't paid

Rent unpaid three days after the due date opens the door (§ 21-16-1(4)).

Before you file, serve a three days' written notice to quit. It is required in nonpayment and holdover cases and in the related grounds listed at § 21-16-1(4), (5) and (6). Serve it the way a summons is served. On a second attempt you can post it conspicuously on the property, hand it to a person residing there if one can be found, and mail a copy first class to the tenant at the property (§ 21-16-2).

The eviction timeline

Notice. Three days' written notice to quit, served as above (§ 21-16-2).
File and serve. You file a written complaint verified by you or your agent, or signed by your attorney, and serve it with a summons. The server has to make at least two attempts on the tenant, at least a week apart, inside a 30-day window. The second attempt allows posting plus first class mail (§ 21-16-6).
Tenant appears. The tenant has five days from service to appear and plead, or 30 days after publication of service, whichever comes first. A continuance past 14 days requires the tenant to post a bond covering accruing rent and costs (§ 21-16-7). That five-day window replaced a four-day window under a 2024 amendment (SL 2024, ch 75, § 2).
Judgment. The court enters judgment restoring possession to you if you prove your case (§ 21-16-10). The prevailing party represented by a licensed attorney can have reasonable attorney fees taxed as costs (§ 21-16-11).
Execution. The execution for possession can only be served in the daytime (§ 21-16-12).

Two lines you do not cross. A lease cannot contain a term allowing eviction of a tenant who calls law enforcement or emergency responders over domestic abuse, unlawful sexual behavior or stalking, and you cannot evict someone for being a victim of it (§ 43-32-18.1).

Retaliation has its own claim. Raising rent above fair market value, cutting electric, gas, water or sewer service, or serving a notice to vacate with no lease breach can be retaliatory if it follows a good-faith code complaint, a written repair notice under § 43-32-9, or the tenant joining a tenant union. A notice given more than 180 days after the triggering event is outside the section, and declining to renew at expiration is not retaliation on its own (§ 43-32-27). A tenant who wins can get attorney fees (§ 43-32-28).

Repairs and habitability

You have to keep a residential rental in reasonable repair, fit for human habitation, and keep the electrical, plumbing and heating in good and safe working order for the whole term. Neither side can waive it, though you can agree the tenant does repairs in place of rent. Damage the tenant or their guests cause through negligence or wilful acts is not on you (§ 43-32-8).

If you do not act within a reasonable time after notice, the tenant can repair and deduct the cost from rent, sue for the cost, or move out with no further rent owed. Where the repair costs more than one month's rent, the tenant can give written notice and put rent into a separate bank account held only for that repair (§ 43-32-9).

The short version

Deposit cap of one month's rent, returned or explained in writing within two weeks
Itemised accounting within 45 days of a written request
No escrow requirement, no deposit interest, no late-fee cap, no grace period
24 hours' written notice is presumed reasonable for entry
One month's notice to end a month-to-month, 30 days to change its terms
Three days late on rent, then a three-day written notice to quit, then file
Five days for the tenant to appear after service

Let Taz handle the paperwork

Taz is an AI property manager for landlords who would rather not live in the code books. It tracks the two-week deposit clock, sends rent reminders, takes maintenance requests day and night, and keeps the records a South Dakota judge would ask for. See how Taz works.

Where this guide says a state has no rule on something, that means we found no statute setting one, which is not the same as none existing. Local ordinances and court practice can add requirements. Confirm anything you plan to rely on.

This guide is general information, not legal advice. Laws change, and your city or county may add rules. Talk to a South Dakota attorney before acting on a specific situation. Last checked September 2026.