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. CHAPTER 21-16 FORCIBLE ENTRY AND DETAINER |
Termination for Lease Violation Notice | 3-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 Limit | South Dakota Small Claim Court Limit is $12,000 |
Handling Abandoned Property | 43-32-25 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 Eviction | Two months’ rent |
Tenant Withholding Rent for Repairs | 43-32-8 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 Rules | Security 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 Notice | One Month |
Payment of Rent | 43-32-12 Time for payment of rent–Agricultural and wildland–Lodging–Termination of hiring. |
Property Entry Notice | No statute |