Tenant rights in South Dakota: deposits, notices and eviction

Maximum deposit: Up to 1 month of rent; S.D. Codified Laws §43-32-6.1
To return your deposit: 21 days; S.D. Codified Laws §43-32-24
Notice of a rent increase: 30 days; S.D. Codified Laws §43-32-13

A summary of state law, not legal advice. Cities may have additional rules.

What the law says

The rules, one by one

The basic rules for renting in South Dakota, answered with state law and its citation.

Tap “What the law says” to read the exact text and see where it comes from.

How much can they charge for a deposit?

Up to 1 month of rent

In South Dakota, the landlord of a home cannot ask for or accept a security deposit of more than one month's rent. Any money you pay to secure the rental agreement counts as a deposit, whatever it is called. You and the landlord can agree to a larger deposit only when special conditions pose a danger to the upkeep of the home.

What the law says · S.D. Codified Laws §43-32-6.1

“Any deposit of money, the function of which is to secure the performance of a residential rental agreement or any part of such an agreement, shall be deemed to be a security deposit. A lessor of residential premises may not demand or receive a security deposit, however denominated, in an amount or value in excess of one month's rent except that a larger deposit may be agreed upon between the lessor and the lessee where special conditions pose a danger to maintenance of the premises.”

Source: South Dakota Legislature – South Dakota Codified Laws (SDCL) · Verified on October 24, 2026
When must they return my deposit?

21 days

When the tenancy ends and you give the landlord your mailing address or delivery instructions, the landlord has 21 days to return your deposit. If the landlord keeps all or part of it, within that time the landlord must give you the specific reason in writing.

What the law says · S.D. Codified Laws §43-32-24

“Every lessor of residential premises shall, within twenty-one days after the termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the security deposit described in § 43-32-6.1 to the tenant or furnish to the tenant a written statement showing the specific reason for withholding the deposit, or any portion of the deposit.”

Source: South Dakota Legislature – South Dakota Codified Laws (SDCL) · Verified on October 24, 2026
If I fall behind on rent, what notice must I get?

In South Dakota, if you do not pay rent within 3 days after it is due, the landlord can file an eviction case in court. This law does not require the landlord to give you a notice to pay or leave first.

What the law says · S.D. Codified Laws §21-16-1(4)

“If a lessee in person or by subtenants holds over after the termination of his lease or expiration of his term, or fails to pay his rent for three days after the same shall be due;”

Source: South Dakota Legislature – South Dakota Codified Laws (SDCL) · Verified on October 24, 2026
How much notice before a rent increase?

30 days

If you rent month to month, the landlord can change the terms of the lease, the rent included, with written notice at least 30 days before the end of the month. If you do not want the changes, you can end the lease as of the first day of the next month by telling the landlord within 15 days after you get their notice.

What the law says · S.D. Codified Laws §43-32-13

“In all leases of lands or tenements or of any interest therein from month to month the landlord may, upon giving notice in writing at least thirty days before the expiration of the month, modify the terms of the lease to take effect at the expiration of the month. The notice, when served upon the tenant, shall of itself operate and be effectual to create and establish as a part of the lease the terms, rent, and conditions specified in the notice, if the tenant shall continue to hold the premises after the expiration of the month. The tenant may terminate his lease effective the first day of the next month by providing notice of termination to the landlord within fifteen days of receipt by the tenant of the notice of modification.”

Source: South Dakota Legislature – South Dakota Codified Laws, Chapter 43-32 · Verified on November 6, 2026

Protections

Protections the law gives you

We show only what state law says, with its citation. Your city may give you more protections.

Repair and deduct from the rent

Yes: state law says so

If you notify the landlord of a problem the landlord must fix so the home is fit to live in and in good and safe working order, and the landlord does not fix it within a reasonable time, you can make the repair yourself and deduct the cost from rent, or recover it from the landlord another way. You can also move out; in that case you owe no more rent or other duties under the agreement.

What the law says · S.D. Codified Laws §43-32-9

“If within a reasonable time after notice to the lessor of conditions requiring repair to make the premises fit for human habitation and to place the same in good and safe working order which the lessor ought to repair he neglects to do so, the lessee may repair the same himself and deduct the expense of such repairs from the rent, or otherwise recover it from the lessor; or the lessee may vacate the premises, in which case he shall be discharged from additional charges of rent or performance of other conditions.”

South Dakota Legislature – South Dakota Codified Laws (SDCL)

Eviction

How an eviction works in South Dakota

Step by step, with the time periods the law sets. No landlord can skip the court.

Compare with other states

Rent unpaid 3 days after the due date

at least 3 days

What the law says · S.D. Codified Laws §21-16-1(4)

“If a lessee in person or by subtenants holds over after the termination of his lease or expiration of his term, or fails to pay his rent for three days after the same shall be due;”

sdlegislature.gov
Landlord files a verified complaint and summons

What the law says · S.D. Codified Laws §21-16-6

“The complaint shall be in writing and verified by the plaintiff or the plaintiff's agent or signed by the plaintiff's attorney, and served with a summons.”

sdlegislature.gov
Service of the summons and complaint

What the law says · S.D. Codified Laws §21-16-6

“A sheriff, any person legally authorized to effect service under § 15-6-4(c), or constable of the county shall attempt to serve a lessee, subtenant, or party in possession with a minimum of two service attempts. Each attempt shall be at least one week apart and both attempts shall be within thirty days.”

sdlegislature.gov
Your written answer: 5 days

up to 5 business days

What the law says · S.D. Codified Laws §21-16-7

“The time for appearance and pleading shall be five days from the time of service on the defendant or thirty days after the publication of service under § 21-16-6.1, whichever occurs sooner.”

sdlegislature.gov
If you do not answer: default judgment

What the law says

“IF YOU FAIL TO FILE AND SERVE AN ANSWER, judgment by default may be taken against you for the relief demanded in the Complaint and the Court will issue an order to evict.”

ujs.sd.gov
Postponement: no more than 14 days without a bond

up to 14 days

What the law says · S.D. Codified Laws §21-16-7

“No adjournment or continuance shall be made for more than fourteen days, unless the defendant applying therefor shall give an undertaking to the plaintiff with good and sufficient surety to be approved by the court, conditioned for the payment of the rent that may accrue, together with costs if judgment be rendered against the defendant.”

sdlegislature.gov
Trial (on 2 days' notice)

at least 2 days

What the law says · S.D. Codified Laws §21-16-8

“An action under this chapter may be brought on for trial upon two days' notice after issue is joined.”

sdlegislature.gov
Judgment: possession, rent or damages, and costs

What the law says · S.D. Codified Laws §21-16-10

“If the finding of the court or the verdict of the jury be in favor of the plaintiff, the judgment shall be for the delivery of possession to the plaintiff, and for rents and profits or damages, including those authorized by § 21-3-8, where the same are claimed in the complaint, and for costs.”

sdlegislature.gov
Sheriff carries out the order for possession (daytime only)

What the law says · S.D. Codified Laws §21-16-12

“No execution for possession can be served except in the daytime.”

sdlegislature.gov

Free or low-cost legal help

If you get a notice or a court case, look for help early: the deadlines are short. These are official pages or pages the state courts link to.

Where to file a housing discrimination complaint

State law (the South Dakota Human Relations Act of 1972) prohibits housing discrimination. If you believe you were discriminated against in housing, you can call the Division of Human Rights to find out whether it can take your case; the Division helps draft the complaint. The complaint must be filed within 180 days after the harm and must involve property located in South Dakota.

South Dakota Department of Labor and Regulation, Division of Human Rights (Housing brochure, rev. 11/2024)

Rents and rental help in South Dakota

Frequently asked questions

How much can a landlord charge for a deposit in South Dakota?

In South Dakota, the landlord of a home cannot ask for or accept a security deposit of more than one month's rent. Any money you pay to secure the rental agreement counts as a deposit, whatever it is called. You and the landlord can agree to a larger deposit only when special conditions pose a danger to the upkeep of the home. (S.D. Codified Laws §43-32-6.1)

When must a deposit be returned in South Dakota?

When the tenancy ends and you give the landlord your mailing address or delivery instructions, the landlord has 21 days to return your deposit. If the landlord keeps all or part of it, within that time the landlord must give you the specific reason in writing. (S.D. Codified Laws §43-32-24)

What notice is required for late rent in South Dakota?

In South Dakota, if you do not pay rent within 3 days after it is due, the landlord can file an eviction case in court. This law does not require the landlord to give you a notice to pay or leave first. (S.D. Codified Laws §21-16-1(4))

How much notice before a rent increase in South Dakota?

If you rent month to month, the landlord can change the terms of the lease, the rent included, with written notice at least 30 days before the end of the month. If you do not want the changes, you can end the lease as of the first day of the next month by telling the landlord within 15 days after you get their notice. (S.D. Codified Laws §43-32-13)

A summary of state law, not legal advice. Cities may have additional rules.

Pending

What is left to verify

We have not yet verified these South Dakota rules in the law with their citation, so we do not show them. If you need them today, ask for free legal aid.

How much notice ends a month-to-month rental? Not verified yet
Are there limits on late fees? Not verified yet
Only a court order can remove you Not verified yet
Protection from retaliation Not verified yet
Protection related to immigration status Not verified yet

Your rights as a tenant in South Dakota

Key numbers in South Dakota