Tenant Rulebook
General information from state law and official guides, not legal advice. Cities and counties can add their own rules.

All states

Landlord and tenant rules in South Dakota

The statewide rules on deposits, notice, entry and rent in South Dakota, mainly from the South Dakota Codified Laws chapter 43-32 (Lease of Real Property). Checked 29 October 2026.

Security deposits and fees

Security deposit limit

1 month's rent1SDCL 43-32-6.1

A deposit may not be more than one month's rent, unless both sides agree to more because special conditions put the property at risk.

Deposit return deadline

21 days2SDCL 43-32-24

Within 21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions, the landlord must either return the deposit or give a written statement of the specific reasons for keeping any part of it. The tenant can ask for an itemized accounting within 45 days. A landlord who does not comply loses the right to keep any part of the deposit, and bad-faith retention can add punitive damages of up to $200. The 21-day period comes from a 2026 amendment.

Interest on deposits

Not required1,2SDCL 43-32-6.1, 43-32-24

South Dakota's residential deposit sections do not require the landlord to pay interest on a deposit.

Late fees

Not yet confirmed

We have not confirmed this from an official source, so we show no figure.

Notice, entry and rent

Tenant ending a month-to-month tenancy

1 month3SDCL 43-32-15

A rental with no set term renews automatically unless either side gives notice before the term ends. The notice must come at least as far ahead as the rental period, but no more than one month ahead is needed.

Landlord ending a month-to-month tenancy

1 month3SDCL 43-32-15

A rental with no set term renews automatically unless either side gives notice before the term ends. The notice must come at least as far ahead as the rental period, but no more than one month ahead is needed.

Notice of a rent increase

30 days before the end of the month (month-to-month)4SDCL 43-32-13

In a month-to-month tenancy, the landlord can change the rent or other terms with written notice at least 30 days before the end of the month. The tenant may then end the lease by giving notice within 15 days.

Statewide rent limits

Preempted5SDCL 6-1-13

Local governments may not adopt or enforce rules that control the rent charged for private residential property.

Landlord entry

24 hours (presumed reasonable)6SDCL 43-32-32

Except in an emergency or where impracticable, the landlord must give notice before entering and enter at reasonable times. Written notice 24 hours ahead is presumed reasonable unless the lease sets another method or agreed times. The notice must give the date, a time window within normal business hours and the reason.

Notice for unpaid rent

Not yet confirmed

We have not confirmed this from an official source, so we show no figure.

Many cities and counties add their own rules, such as rent stabilization or longer notice periods, and a lease can give a tenant more protection than the law requires. Check your local housing office or a legal aid group before you act.

Sources

  1. SDCL 43-32-6.1, South Dakota Legislatureofficial
  2. SDCL 43-32-24, South Dakota Legislatureofficial
  3. SDCL 43-32-15, South Dakota Legislatureofficial
  4. SDCL 43-32-13, South Dakota Legislatureofficial
  5. SDCL 6-1-13, South Dakota Legislatureofficial
  6. SDCL 43-32-32, South Dakota Legislatureofficial

"Secondary" sources reproduce the official text. We use them only where the official site could not be read.