South Dakota Landlord-Tenant Laws

South Dakota Rental Laws

South Dakota Codified Laws Annotated §§ 43-32-1 to 43-32-32

Termination for Nonpayment Notice
(Eviction Notice)

3-Days, Landlord can terminate with Unconditional Quit Notice

21-16-2. Notice to quit required before commencement of proceedings–Service and return.
In all cases arising under subdivisions 21-16-1(4), (5), and (6), three days’ written notice to quit must be given to the lessee, subtenant, or party in possession, before proceedings can be instituted, and may be served and returned in like manner as a summons is served and returned. On the second service attempt, at least six hours after the previous service attempt, the notice to quit may be posted in a conspicuous place on the property, and also delivered to a person there residing, if such person can be found; and also sent by first class mail addressed to the tenant at the place where the property is situated.

Termination for Lease Violation Notice3-Day Notice
Some violations don’t require a notice
21-16-1. Grounds for maintenance of action.
21-16-2. Notice to quit required before commencement of proceedings–Service and return.
Small Claim Court LimitSouth Dakota Small Claim Court Limit is $12,000
Handling Abandoned Property43-32-25    Small amount of tenant’s property left on premises presumed abandoned–Disposal by lessor.
43-32-26    Storage of tenant’s valuable property left on premises–Lien–Disposal as abandoned after waiting period.
Penalty for Self-Help EvictionTwo months’ rent
Tenant Withholding Rent for Repairs43-32-8    Residential lessor to keep premises in repair–Disrepair caused by lessee–Agreements for repairs in lieu of rent–Liability to third persons unaffected.
43-32-9    Failure of lessor to repair premises–Lessee’s remedies.
Required Disclosures Meth Labs Disclosure
43-32-30    Disclosure of knowledge of existence of prior manufacturing of methamphetamines.
Non-Refundable Fees
Security Deposit RulesSecurity Deposit Amount: One Month
Deadline to itemize and return of security deposit: Two weeks, 45 Days for an itemized accounting if the tenant requests it.
43-32-6.1    Maximum security deposit for residential premises–Larger deposit by mutual agreement.
43-32-24    Return of security deposit after termination of tenancy–Withholding–Itemized accounting–Forfeiture of withholding rights–Punitive damages.
Month-to-Month NoticeOne Month
Payment of Rent43-32-12    Time for payment of rent–Agricultural and wildland–Lodging–Termination of hiring.
Property Entry
No statute

Landlord-Tenant State Laws