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South Dakota

South Dakota Landlord-Tenant Laws

Security deposit limits, eviction notices, rent control, and more for South Dakota.

How we research these summaries

Every rule on this page is drawn from state statutes and municipal codes and summarized with AI assistance. Each one cites the statute it's based on and links to a published text of that law so you can read it firsthand. Where a page says a city or county has no local rule on a topic, that means none was found for the topics covered here — not that none exists. Local governments also regulate rental housing in ways these pages don't track, including registration, licensing, inspections and habitability standards. These summaries may be incomplete or out of date, laws change often, and every property and tenancy has specifics a summary can't capture — so treat this as a starting point for your own research, not as legal advice, and check with the local jurisdiction and a qualified attorney before acting on your particular situation.

What to Know in South Dakota

Sources last checked July 2026

South Dakota repealed its statutory notice requirement for nonpayment evictions in 2024: under SB 90, a landlord may file a Forcible Entry and Detainer action the moment rent falls past due, with no mandatory pre-filing notice, though ending a month-to-month tenancy for any other reason still needs one month's written notice. The same law extended a tenant's window to answer a summons from 4 to 5 days. Security deposits are generally capped at one month's rent and must be returned within 14 days of move-out, and rent increases require 30 days' written notice.

  • South Dakota’s eviction procedures are governed by SDCL Chapter 21-16 (Forcible Entry and Detainer).
  • 30-day move-out notice required for month-to-month tenancies
  • South Dakota has no statewide rent control law and does not impose any cap on the amount by which a landlord may increase rent.
  • Under SDCL § 43-32-13, a landlord may modify the terms of a month-to-month lease—including increasing rent—by providing at least 30 days' written notice before the expiration of...
  • Under SDCL § 43-32-6.1, South Dakota landlords may generally charge a security deposit of up to one month's rent.
5 rules summarized · Each linked to the law it cites

Security Deposit Limits

Security Deposit Limits

What is the security deposit limit in South Dakota?

Under SDCL § 43-32-6.1, South Dakota landlords may generally charge a security deposit of up to one month's rent. However, a higher deposit is permitted where special conditions pose a potential danger to maintenance of the premises. Landlords must return the security deposit within two weeks (14 days) after the tenant vacates. If the landlord makes deductions, a written and itemized accounting must be provided; the tenant may request this within 45 days of vacating and the landlord must then comply. Wrongful withholding may result in landlord liability.

SDCL § 43-32-6.1, § 43-32-24

Eviction Notice Requirements

Eviction Notice Requirements

What are the eviction notice requirements in South Dakota?

South Dakota’s eviction procedures are governed by SDCL Chapter 21-16 (Forcible Entry and Detainer). 2024 SB 90 repealed SDCL § 21-16-2, which had required a 3-day notice to quit for nonpayment of rent. As a result, there is no longer a statutory pre-filing notice period for nonpayment — once rent is past due, a landlord may file a Forcible Entry and Detainer action directly. The same act amended § 21-16-7 to extend the tenant’s window to answer a summons and complaint from 4 days to 5 days. Terminating a month-to-month tenancy without cause still requires at least one month’s written notice before the tenancy ends (SDCL ch. 43-32), which SB 90 did not change.

SDCL § 21-16-1, § 21-16-7 (§ 21-16-2 repealed by 2024 SB 90)

Rent Increase Notice Periods

Rent Increase Notice Periods

How much notice is required for rent increases in South Dakota?

Under SDCL § 43-32-13, a landlord may modify the terms of a month-to-month lease—including increasing rent—by providing at least 30 days' written notice before the expiration of the current month. If the tenant does not wish to accept the new terms, the tenant may terminate the lease effective the first day of the next month by providing notice to the landlord within 15 days of receiving the landlord's notice. Rent increases on fixed-term leases cannot take effect until the lease expires and a new agreement is signed.

SDCL § 43-32-13

Rent Control / Rent Increase Caps

Rent Control / Rent Increase Caps

Is there rent control in South Dakota?

South Dakota has no statewide rent control law and does not impose any cap on the amount by which a landlord may increase rent. Landlords may raise rent to any amount as long as they provide proper notice in accordance with the lease type. There is no statute enabling local jurisdictions to enact rent control ordinances either, making South Dakota a landlord-friendly state with unrestricted pricing flexibility. Rent increases are governed solely by the terms of the lease agreement and the applicable notice requirements.

SDCL Chapter 43-32

Move-Out & Lease Termination Notice

Move-Out & Lease Termination Notice

What is the move-out notice requirement in South Dakota?

Under SDCL § 43-32-13, month-to-month tenancies in South Dakota may be terminated by either party with at least one month's (30 days') written notice before the end of the rental period. The notice must designate the date on which the tenancy will end. Fixed-term leases expire automatically at the end of the agreed term. If a tenant remains in possession after the lease term without entering into a new agreement, the tenancy converts to a month-to-month tenancy under SDCL § 43-32-14, and the same 30-day notice requirement then applies.

SDCL § 43-32-13, § 43-32-14

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