Landlord-Tenant Law Guide

South Dakota Landlord-Tenant Laws

South Dakota's landlord-tenant law is minimal. There is a 1-month deposit cap and a fast 3-day eviction notice for nonpayment. The deposit return window depends on whether deductions are made.

Key Rules at a Glance

Security Deposit Limit

1 month's rent

Hard cap statewide.

Deposit Return Deadline

2 weeks (no deductions) / 45 days (with deductions)

Itemized written statement required for deductions.

Notice to Enter

No statute

South Dakota has no notice requirement. Reasonable advance notice is best practice.

Rent Increase Notice

30 days

Written notice at least 30 days before a rent increase.

Late Fee

Must be in lease; reasonable

No statutory cap.

Nonpayment Eviction Notice

3 days

Written 3-day notice to pay or quit.

Lease Termination (Month-to-Month)

30 days

Either party may terminate with 30 days written notice.

Disclaimer:South Dakota has minimal landlord-tenant regulation. Consult a South Dakota attorney for complex disputes.

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Frequently Asked Questions

What is the security deposit limit in South Dakota?

One month's rent.

How long does a South Dakota landlord have to return a security deposit?

2 weeks (14 days) if returning in full, or 45 days with an itemized written statement of deductions.

How do I evict a non-paying tenant in South Dakota?

Serve a written 3-day notice to pay or quit. If not cured, file for eviction in magistrate court.

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