South Dakota Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

What South Dakota law says about the clauses that matter most in a residential lease. Data as of 2026-10-21.

Main statute: South Dakota Codified Laws, Title 43, Chapter 32 (Lease of Real Property) (SDCL ch. 43-32)

Security deposits

Max: 1 month's rent. A larger deposit is allowed only by agreement of landlord and tenant where special conditions pose a danger to maintenance of the premises. Any money deposited to secure the rental agreement counts as a security deposit, however it is labelled (§ 43-32-6.1).
Return deadline days: 21 days
Itemization required: Yes
Interest required: No interest requirement in §§ 43-32-6.1 or 43-32-24.

Source: SDCL §§ 43-32-6.1, 43-32-24

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Late fees

Rule: Chapter 43-32 contains no cap, grace period or other rule on residential late fees (other chapters of the code were not searched). Any late fee must come from the lease.

Source: SDCL ch. 43-32 (no provision found)

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Landlord entry

Notice: Except in an emergency or where notice is impracticable, the landlord must give reasonable notice of intent to enter and enter only at reasonable times. 24 hours' written notice is presumed reasonable unless the lease sets other notice methods or times. The notice must state the date(s) of entry, a time window during normal business hours, the purpose of entry, and how the tenant can ask to reschedule. The statute sets no specific penalty.

Source: SDCL § 43-32-32

Ending a month-to-month tenancy

Tenant: For a hiring with no agreed term, either party must give notice of intent to terminate at least as long before the end of the term as the term itself, not exceeding one month; for month-to-month, at least one month before the end of the monthly term. The statute does not say the notice must be in writing.
Landlord: Same one-month rule for a month-to-month hiring (§ 43-32-15). Separately, a landlord may end a fixed-term lease early if the tenant uses the premises contrary to the lease or does not make repairs the tenant is bound to make within a reasonable time after request (§ 43-32-18).

Source: SDCL §§ 43-32-15, 43-32-18

Rent increases

Rule: On a month-to-month lease the landlord may change the terms, including the rent, by written notice given at least 30 days before the end of the month; the change takes effect at the end of the month if the tenant stays. The tenant may end the lease effective the first day of the next month by giving notice within 15 days of receiving the notice of change. The statute covers month-to-month leases only; a fixed-term lease cannot be changed by this notice.
Statewide rent control: No statewide rent control provision found in chapter 43-32. Raising rent above fair market value after a tenant's protected complaint can be retaliation (§ 43-32-27).

Source: SDCL § 43-32-13

Repairs & habitability

Rule: The landlord must keep the premises and common areas in reasonable repair, fit for human habitation and in good and safe working order, and must maintain all electrical, plumbing and heating systems, unless the tenant (or someone under the tenant's control) caused the disrepair; this cannot be waived or modified, though the parties may agree the tenant does specified repairs in lieu of rent (§ 43-32-8). If the landlord neglects to repair within a reasonable time after notice, the tenant may repair and deduct the cost from rent or recover it from the landlord, or vacate and be freed from further rent. If the repairs cost more than one month's rent, after written notice stating the reason the tenant may withhold rent and deposit it in a separate bank or savings and loan account for the repairs (§ 43-32-9). If the landlord unlawfully locks the tenant out or willfully cuts off electric, gas, water or other essential service, the tenant may sue for an injunction, recover possession, or terminate, and recover two months' rent in damages plus any advance rent and deposit (§ 43-32-6). The tenant must keep the premises in good condition and repair damage the tenant causes (§ 43-32-10).

Source: SDCL §§ 43-32-6, 43-32-8, 43-32-9, 43-32-10

Retaliation

Rule: A tenant of residential property has a cause of action if the landlord increases rent above fair market value, decreases electric, gas, water or sewer service, or gives notice to vacate not based on a lease breach, after the tenant (1) complained in good faith to a governmental agency about a housing or building code violation materially affecting health and safety and the landlord received written notice of it, (2) gave the landlord written notice of a repair condition under § 43-32-9, or (3) organized or joined a tenants' union. It is a defense that the notice to vacate came more than 180 days after that event; not renewing a written lease at expiration is not retaliation. The tenant gets the remedies in § 43-32-6 and the court may award reasonable attorney's fees.

Source: SDCL §§ 43-32-27, 43-32-28

Clauses often unenforceable in South Dakota

A clause waiving or modifying the landlord's duty to keep the premises in repair and fit for habitation (§ 43-32-8)
A security deposit above one month's rent, unless the parties agree to more because of special conditions endangering the premises (§ 43-32-6.1)
A lease term authorizing eviction of a tenant who calls or seeks help from law enforcement or emergency responders because of alleged domestic abuse, unlawful sexual behavior or stalking (§ 43-32-18.1)

Notes

Deposit: the landlord must, within 21 days after the tenancy ends and the landlord has the tenant's mailing address or delivery instructions, return the deposit or send a written statement of the specific reasons for withholding. Deductions are limited to amounts reasonably necessary for unpaid rent or other funds due under the agreement and restoring the premises to their condition at the start of the tenancy, ordinary wear and tear excepted. On the tenant's request, an itemized accounting is due within 45 days after the tenancy ends. A landlord who does not comply forfeits all right to withhold any part of the deposit, and bad-faith retention or bad-faith failure to give the statement or accounting exposes the landlord to punitive damages of up to $200 (§ 43-32-24). RECENT CHANGE: SB 4 (2026, SL 2026 ch. 179, signed Feb. 11, 2026) changed the deadline from two weeks to 21 days; the act has no emergency clause, so it took effect July 1, 2026 under § 2-14-16, and guides that still say 14 days are out of date. Other rules in ch. 43-32: a tenant who is a victim of domestic abuse, unlawful sexual behavior or stalking may end the lease early without penalty with written notice and a police report, protection order or health-care-provider documentation dated within the previous 30 days (§ 43-32-19.1); tenant property worth $500 or less left 10 days after the tenant leaves is presumed abandoned, and property worth more must be stored, with a lien for storage costs (§§ 43-32-25, 43-32-26); a mobile or manufactured home owner leasing land for redevelopment must get at least 90 days' notice to vacate (§ 43-32-31). Not found in the chapter (left blank): statewide late-fee cap, rent control.

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General information only, not legal advice. Laws change — verify with the linked source or a licensed attorney.