South Dakota Tenant Rights Laws
Created by FindLaw's team of legal writers and editors | Last reviewed October 06, 2017
Renting a home can relieve you of many of the responsibilities of home ownership, such as property taxes and major repairs. However, there are many frustrating issues that can come up throughout the landlord-tenant relationship. To address these issues, South Dakota has a number of laws governing the parties' rights and responsibilities, in addition to federal and local laws. Read on to learn more about South Dakota tenant rights laws.
Tenant Rights: From Discrimination to Termination
Like other states, South Dakota law protects you against discrimination based on protected characteristics such as race, disability, and familial status. Prohibited conduct includes refusing to rent to someone and discriminating in the lease terms or conditions based on a protected trait.
Your landlord is also required to maintain the premises in reasonable repair, fit for human habitation. This includes maintaining services such as plumbing, heating, and electrical. However, the landlord is not responsible for repairing damage caused by your negligent, willful, or malicious conduct.
If you do cause damage beyond normal wear and tear, your landlord may retain all or part of your security deposit to cover the repairs. Deductions can also be made for unpaid rent and charges agreed to in the lease. Within two weeks of the termination of your tenancy, your landlord must return your security deposit or provide a written statement of deposit withholdings. You must then request an itemized accounting of any deposit withheld, and your landlord has 45 days from the termination of the tenancy to provide that to you.
While these laws are designed to protect you from unfair practices, asserting your rights can be a daunting endeavor. Therefore, it's good to know that your landlord may not retaliate against you by raising the rent or evicting you simply because you requested repairs or complained about housing code violations.
South Dakota Tenant Rights Laws at a Glance
The chart below provides a summary of South Dakota laws governing the landlord-tenant relationship, including links to important code sections.
Ending or Renewing a Tenancy
Note: State regulations are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
South Dakota Tenant Rights Laws: Related Resources
- South Dakota Lease and Rental Agreement Laws
- South Dakota Landlord/Tenant Guide
- Tenant Lease Agreement FAQs
- Tenants' Rights Basics
- U.S. Dept. of Housing and Urban Development in South Dakota
- South Dakota Fair Housing
Receive a Free Review of Your Tenancy Issues
While many rental issues can be resolved through polite communication with your landlord, some problems may be more complicated or require more persuasion. Whether you're dealing with a new issue or your conflict has been ongoing, receive a free case review to get help asserting your rights under South Dakota's tenant rights laws.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
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