What South Dakota landlord-tenant law covers
South Dakota’s landlord-tenant rules are in SDCL chapter 43-32, which covers leases, repairs, deposits, entry, retaliation and termination, and SDCL chapter 21-16, which sets the court action to remove a tenant. Much of chapter 43-32 dates to the 1877 Civil Code, with newer sections on deposits, entry, domestic abuse and service animals added since the 1970s.
Because the statutes are brief, your lease does a lot of the work in South Dakota. Many day-to-day terms, such as pet rules, payment methods and renewal terms, come from the lease, so a clear written lease is the best protection for both sides.
South Dakota landlord-tenant rules at a glance
The table covers the rules an apartment owner uses most, as of October 2026.
| Rule | South Dakota requirement | Where it comes from |
|---|---|---|
| Month-to-month notice | Notice equal to the rental period, but no more than one month | SDCL 43-32-15 |
| Changing terms on a month-to-month lease | Written notice at least 30 days before the end of a month; tenant may end the lease within 15 days | SDCL 43-32-13 |
| Nonpayment ground for eviction | Rent unpaid three days after it is due | SDCL 21-16-1 |
| Security deposit cap | One month’s rent, unless both sides agree to more because of special risks to the premises | SDCL 43-32-6.1 |
| Deposit return | 21 days after the tenancy ends and the landlord has the tenant’s mailing address; itemized accounting within 45 days on request | SDCL 43-32-24 (amended 2026) |
| Entry notice | Reasonable notice at suitable hours; 24 hours’ written notice presumed adequate | SDCL 43-32-32 |
| Tenant answer in eviction | Within 5 days of service | SDCL 21-16-7 |
How much notice does a landlord have to give in South Dakota?
For a tenancy with no fixed end date, either side can stop it from renewing by giving notice equal to the rental period, capped at one month (SDCL 43-32-15). For a month-to-month tenant, that means one month’s notice. A fixed-term lease ends on its date.
To change the terms of a month-to-month tenancy, including the rent, the landlord must serve written notice at least 30 days before the end of a month (SDCL 43-32-13). The change takes effect at the end of that month if the tenant stays. A tenant who does not accept the change can end the tenancy by notifying the landlord within 15 days of receiving the notice, effective the first day of the next month.
If a tenant stays after the lease ends and the landlord accepts rent, the lease may renew on the same terms under SDCL 43-32-14, so decide before you cash a holdover tenant’s check.
Security deposit rules in South Dakota
A South Dakota landlord may not require or accept a deposit of more than one month’s rent, however it is labeled (SDCL 43-32-6.1). The landlord and tenant can agree to a larger deposit only if special conditions create a specific risk to the premises.
The 2026 Legislature amended the return rule in SDCL 43-32-24. The landlord now has 21 days after the tenancy ends and after receiving the tenant’s mailing address or delivery instructions to return the deposit or send a written statement of the specific reasons for keeping any part of it. If the tenant asks, the landlord must also provide an itemized accounting within 45 days after the tenancy ends.
Deductions are limited to unpaid rent and other amounts owed under the lease, and repairs for damage beyond ordinary wear and tear. A landlord who does not comply loses the right to withhold any part of the deposit, and bad-faith withholding or failure to send the statement can add punitive damages of up to $200.
Landlord entry in South Dakota
A South Dakota landlord must give reasonable advance notice before entering and enter only at suitable hours (SDCL 43-32-32). Written notice 24 hours ahead is presumed adequate unless the lease sets other terms both sides agreed to.
The notice must give the date or dates of entry, a window of time within normal business hours, the reason, and how the tenant can ask to reschedule. No advance notice is needed in an emergency or where giving notice is impractical.
The South Dakota eviction process
An eviction in South Dakota is a forcible entry and detainer action under SDCL chapter 21-16. Grounds include holding over after a lease ends, failing to pay rent within three days after it is due, committing waste, and any act or omission that ends the lease under its own terms.
The 2024 Legislature repealed SDCL 21-16-2, the section that historically set the notice to quit before an action, and amended the answer period. The Unified Judicial System’s 2026 eviction checklist begins with filing the case filing statement, summons and verified complaint with the clerk of court. Check with an attorney whether your lease or situation calls for a written notice before filing.
- File the case filing statement, summons and verified complaint; the checklist lists a $72 filing fee.
- Serve the tenant through the sheriff or a process server. Under SDCL 21-16-6, service takes at least two attempts at least a week apart within 30 days; on the second attempt the summons can be posted on the property and a copy mailed to the tenant.
- The tenant must answer within 5 days of service, and the checklist says weekends and holidays do not count.
- If there is no answer, the landlord can ask for a default judgment. If there is an answer, the case can be set for trial on two days’ notice.
- A corporation or LLC landlord must use an attorney, according to the checklist.
How long does an eviction take in South Dakota?
An uncontested case can often reach judgment in about two to three weeks from filing, depending on how quickly the tenant is served. The 5-day answer period and the two-day trial notice are short, and SDCL 21-16-7 bars postponements of more than two weeks unless the tenant posts a bond covering accruing rent and costs.
Service is the step that most often slows a case, since the statute requires two attempts a week apart before posting.
Rent increases and rent control in South Dakota
Chapter 43-32 contains no rent cap or rent stabilization rule, so rent levels are set by the market and the lease. What the statute does control is timing: on a month-to-month tenancy, a rent increase is a change of terms that needs written notice at least 30 days before the end of a month, and the tenant may leave instead.
Rents on particular buildings can still be limited by federal housing contracts or tax credit regulatory agreements, and those limits bind a buyer. Ask for any such agreement before you price a building.
Tenant protections South Dakota owners should know
A few newer sections limit what a lease can say. Under SDCL 43-32-18.1, added in 2020, a residential lease cannot let a landlord evict a tenant for calling police or emergency services after an alleged incident of domestic abuse, unlawful sexual contact or stalking, and a tenant cannot be evicted only for being the victim.
Chapter 43-32 also limits retaliation against tenants who exercise their rights, and newer sections address requests for service or assistance animals. Have an attorney review your notices and animal policies against the current text of the chapter.
What happens to leases and deposits when you sell
In South Dakota, as elsewhere, existing leases survive a sale, and the buyer takes the building subject to them. Tenants keep their rent and terms until each lease ends or is properly changed.
Plan the deposits at closing. The buyer will be the landlord who must return each deposit under the new 21-day rule, so the usual practice is to credit the buyer with every deposit and give tenants written notice of who now holds it.
- A current rent roll and every lease and addendum.
- A deposit ledger tied to each unit.
- Copies of any notices served and any pending court cases.
- Any regulatory agreement that limits rent.
South Dakota landlord-tenant law changes in 2024 to 2026
The two most recent changes both affect apartment owners directly.
- 2026 (SL 2026, ch 179): SDCL 43-32-24 now gives landlords 21 days to return a deposit or explain deductions, counted from the end of the tenancy and the landlord’s receipt of the tenant’s mailing address or delivery instructions.
- 2024 (SL 2024, ch 75): repealed SDCL 21-16-2 and amended SDCL 21-16-7, which now gives tenants 5 days to answer an eviction summons.
- 2020 (SL 2020, ch 74 and ch 190): revised service rules for eviction summonses and added domestic abuse protections.
Selling a tenant-occupied building in South Dakota
Skyline buys apartment buildings with five or more units in South Dakota with tenants in place. We buy directly, close on your timeline, and can work inside 1031 deadlines. We take over the leases and deposits at closing.
For taxes on the sale, see South Dakota capital gains tax on real estate and the property tax rate in South Dakota.
