How much notice is required to raise rent in South Dakota?
30 days notice
- 30 days notice for month-to-month
- No rent control
- Lease terms control
Legal basis: SDCL § 43-32-13
Know your rights as a renter in South Dakota. This guide covers security deposits, landlord entry, rent increases, eviction protections, and more under South Dakota law.
Legal basis: South Dakota landlord-tenant law — South Dakota Codified Laws
14
Days to Return Deposit
1 month's rent (2 in special circumstances)
Max Deposit
24h
Entry Notice
Not Required
Deposit Escrow
What South Dakota law says about deposits
Maximum Deposit
1 month's rent (2 in special circumstances)
Return Deadline
14 days
Penalties, interest & late-fee rules under South Dakota law
If your deposit is wrongfully or late returned
Landlord who fails to comply forfeits all rights to withhold any portion of the deposit; bad-faith retention (including failure to provide the required written statement and itemized accounting) subjects the landlord to punitive damages not to exceed $200.
Interest on your deposit is not required
Grace period
No mandatory grace period
Must be in the lease
Yes — a late fee is only enforceable if it is written into your lease
Your privacy protections
Required Notice Period
24 hours
24 hours presumed reasonable (SDCL § 43-32-32)
In South Dakota, your landlord must provide proper notice before entering your rental unit, except in genuine emergencies. This protects your right to privacy and peaceful enjoyment of your home.
Exceptions: Landlords may enter without notice in cases of emergency (fire, flooding, etc.) or if you've abandoned the property.
30 days notice
Legal basis: SDCL § 43-32-13
14 days
Legal basis: SDCL § 43-32-9
Protected
Legal basis: SDCL § 43-32-27
Limited protections
Legal basis: State Law
Self-help illegal
Legal basis: SDCL § 21-16-1
Important facts about South Dakota rental law
South Dakota limits security deposits to 1 month's rent (2 months in special circumstances).
South Dakota landlords must return deposits within 14 days of move-out.
South Dakota has a relatively short deposit return period compared to most states.
South Dakota requires reasonable notice before landlord entry.
Common questions about South Dakota tenant rights
In South Dakota, the security deposit limit is 1 month's rent (2 in special circumstances).
South Dakota landlords must return security deposits within 14 days after you move out.
In South Dakota, landlords must provide 24 hours notice before entering your rental unit (24 hours presumed reasonable (SDCL § 43-32-32)).
Late fees in South Dakota: No statutory cap — must be reasonable. No mandatory grace period.
30 days notice. 30 days notice for month-to-month. No rent control. Lease terms control. Source: SDCL § 43-32-13.
14 days. Landlord must maintain habitability. 14 days to repair. Written notice required. Source: SDCL § 43-32-9.
Protected. Retaliation prohibited. Cannot evict for complaints. Document communications. Source: SDCL § 43-32-27.
Limited protections. Limited state protections. Contact local DV resources. Documentation recommended. Source: State Law.
Self-help illegal. Self-help evictions illegal. Court process required. Contact police if locked out. Source: SDCL § 21-16-1.
South Dakota tenants have rights including security deposit protections, notice requirements for landlord entry, habitability standards, and protections against retaliation. Use Honestkey™ to analyze your specific lease against South Dakota law.
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