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

Security deposit may not exceed one month's rent, unless special conditions pose a greater risk of damage. (S.D. Codified Laws § 43-32-6.1) The deposit must be accounted for within 14 days after the tenancy ends (S.D. Codified Laws § 43-32-24).

Is there a limit on late fees in South Dakota?

South Dakota sets no statutory late-fee cap; the fee must be stated in the lease.

How much notice must a landlord give before entering a rental in South Dakota?

Landlord must give at least 24 hours' notice before entering to show the unit; Landy's lease applies the same notice to other entries. (S.D. Codified Laws § 43-32-32)

How do you end a month-to-month tenancy in South Dakota?

Either party must give at least one month's written notice to end a month-to-month tenancy. (S.D. Codified Laws § 43-32-13)

What happens if a tenant does not pay rent in South Dakota?

Tenant has 3 days to pay rent or vacate before the landlord may file for possession. (S.D. Codified Laws § 21-16-2) The case is filed as a forcible entry and detainer in Circuit Court. A landlord may never change the locks or remove a tenant's belongings without a court order.

Does a residential lease have to be in writing in South Dakota?

A written lease is not always legally required, but it is what makes the terms enforceable and provable. A written lease is the practical way to document rent, deposits, and each party's obligations. Landy builds a lease specific to South Dakota with the statutory citations printed in it.

South Dakota Residential Lease Agreement

A lease that works in the State of South Dakota has to respect South Dakota landlord-tenant law: a security deposit capped at one month's rent, accounted for within 14 days of move-out, and no statutory ceiling on late fees. Below is every number that governs a South Dakota tenancy, with the statute it comes from.

Read the whole lease before you pay. $14.99 to download, or three for $29.

South Dakota rental law at a glance

Each row is the rule Landy applies when it builds a South Dakota lease. The citation is printed in the finished document too, so a tenant can check it.

South Dakota landlord-tenant rules with statutory citations
Rule	South Dakota	Citation
Security deposit limit	one month's rentSecurity deposit may not exceed one month's rent, unless special conditions pose a greater risk of damage.	S.D. Codified Laws § 43-32-6.1
Deposit return deadline	14 daysLandlord must return the deposit or provide written notice of deductions within two weeks after termination.	S.D. Codified Laws § 43-32-24
Interest on deposits	Not requiredSouth Dakota does not require interest on security deposits.	S.D. Codified Laws § 43-32-24
Late fee limit	No statutory limitSouth Dakota sets no statutory late-fee cap; the fee must be stated in the lease.	No statute on point
Grace period before rent is late	No statutory grace periodSouth Dakota sets no statutory grace period for rent.	No statute on point
Notice to pay or quit	3 daysTenant has 3 days to pay rent or vacate before the landlord may file for possession.	S.D. Codified Laws § 21-16-2
Time to cure a lease violation	3 daysTenant generally has 3 days to remedy a curable lease violation.	S.D. Codified Laws § 21-16-2
Ending a month-to-month tenancy	30 days' noticeEither party must give at least one month's written notice to end a month-to-month tenancy.	S.D. Codified Laws § 43-32-13
Notice before landlord entry	24 hoursLandlord must give at least 24 hours' notice before entering to show the unit; Landy's lease applies the same notice to other entries.	S.D. Codified Laws § 43-32-32

Disclosures a South Dakota lease must carry

Missing a required disclosure is the most common way an otherwise fine lease creates a problem. Landy adds these automatically, plus any that apply only to your specific property.

Lead-Based Paint Disclosure
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling, provide any available records and reports to the tenant, and give the tenant the EPA-approved pamphlet "Protect Your Family From Lead In Your Home." Tenant acknowledges receipt of this information by signing below.
42 U.S.C. § 4852d; 24 C.F.R. Part 35; 40 C.F.R. Part 745 · applies to housing built before 1978
Methamphetamine Disclosure
Landlord discloses any knowledge that methamphetamine was manufactured or stored on the premises.
S.D. Codified Laws § 43-32-30

If things go wrong in South Dakota

Where eviction is filed

Circuit Court, as a forcible entry and detainer.

Governing law

Cited from the South Dakota Codified Laws.

Never self-help

Changing locks, removing belongings, or shutting off utilities to force a tenant out is unlawful. A court order is the only route.

South Dakota lease questions, answered

How much can a landlord charge for a security deposit in South Dakota?: Security deposit may not exceed one month's rent, unless special conditions pose a greater risk of damage. (S.D. Codified Laws § 43-32-6.1) The deposit must be accounted for within 14 days after the tenancy ends (S.D. Codified Laws § 43-32-24).
Is there a limit on late fees in South Dakota?: South Dakota sets no statutory late-fee cap; the fee must be stated in the lease.
How much notice must a landlord give before entering a rental in South Dakota?: Landlord must give at least 24 hours' notice before entering to show the unit; Landy's lease applies the same notice to other entries. (S.D. Codified Laws § 43-32-32)
How do you end a month-to-month tenancy in South Dakota?: Either party must give at least one month's written notice to end a month-to-month tenancy. (S.D. Codified Laws § 43-32-13)
What happens if a tenant does not pay rent in South Dakota?: Tenant has 3 days to pay rent or vacate before the landlord may file for possession. (S.D. Codified Laws § 21-16-2) The case is filed as a forcible entry and detainer in Circuit Court. A landlord may never change the locks or remove a tenant's belongings without a court order.
Does a residential lease have to be in writing in South Dakota?: A written lease is not always legally required, but it is what makes the terms enforceable and provable. A written lease is the practical way to document rent, deposits, and each party's obligations. Landy builds a lease specific to South Dakota with the statutory citations printed in it.

Build a South Dakota lease with these rules already in it.

Answer questions in plain English. Landy writes the South Dakota lease around your answers, applies every limit above, and shows you the finished document before you decide to pay.

Lease laws in other states

This page summarizes South Dakota law for general information and is not legal advice. Landy is a self-help document service, not a law firm. Cities and counties may impose additional requirements, and statutes change. Have a licensed South Dakota attorney review your lease before you rely on it.