10 of the 10 rules below carry a statute citation that was read at the official source (most recently October 2026), with the controlling text quoted. The rest are conservative reference values from Aptoria's compliance data and are labeled unverified.
Security deposit size: Maximum security deposit is one month's rent; a larger deposit may be agreed only where special conditions pose a danger to maintenance of the premises. (S.D. Codified Laws § 43-32-6.1, confirmed 2026-10). Returning the deposit: 21 days after termination of the tenancy AND receipt of the tenant's mailing address or delivery instructions to return the deposit or furnish a written statement of the specific reason for withholding (amended by SL 2026, ch 179 — previously two weeks). Within 45 days after termination, on the tenant's request, an itemized accounting of any amount withheld is required. Noncompliance forfeits all rights to withhold; bad-faith retention or failure to provide the statement/accounting exposes the lessor to punitive damages up to $200. (S.D. Codified Laws § 43-32-24, confirmed 2026-10).
How South Dakota treats the landlord's core obligations
Late fees: No statewide cap on residential late fees or statutory grace period; SDCL ch. 43-32 (landlord and tenant) does not regulate late charges, so the lease term controls. (SDCL ch. 43-32, confirmed 2026-10). Application fees: No statewide cap on rental application fees; SDCL ch. 43-32 does not regulate application fees. (SDCL ch. 43-32, confirmed 2026-10).
Nonpayment notice: A forcible entry and detainer action is maintainable if the lessee fails to pay rent for three days after it is due (§ 21-16-1(4)). The former separate notice-to-quit section (§ 21-16-2) was repealed by SL 2024, ch 75; the UJS landlord eviction packet governs current filing practice. (S.D. Codified Laws § 21-16-1(4), confirmed 2026-10). Rent increases: Month-to-month: landlord may modify lease terms (including rent) by written notice given at least 30 days before the end of the month, effective at the end of that month; tenant may terminate effective the first of the next month by giving notice within 15 days of receiving the modification. No statewide rent cap. (S.D. Codified Laws § 43-32-13, confirmed 2026-10). Ending a month-to-month tenancy: Either party must give notice to terminate a periodic hiring at least as long before the end of the term as the term itself, not exceeding one month — i.e., one month's notice for a month-to-month tenancy. (S.D. Codified Laws § 43-32-15, confirmed 2026-10). Entry: Reasonable notice required for non-emergency entry, at reasonable times; 24 hours' written notice is presumed reasonable unless the lease sets alternate methods/times. Notice must state the date(s), a window during normal business hours, the purpose, and a way for the tenant to request rescheduling. (S.D. Codified Laws § 43-32-32, confirmed 2026-10).
South Dakota has no statewide rent regulation on file, so any cap on increases would come from a local ordinance. Source-of-income protection is not on file statewide, although cities and counties can add it. Card surcharges on rent: allowed within card-network limits. Managing property for others for compensation generally requires a state license: State real estate broker license required for property management for others — confirm with state commission.
Security deposits
What South Dakota allows a landlord to collect up front, how it must be held, and the deadline and paperwork for returning it.
Security deposit limit
Source-confirmed 2026-10
Maximum security deposit is one month's rent; a larger deposit may be agreed only where special conditions pose a danger to maintenance of the premises.
“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.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “1× monthly rent”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The maximum a landlord may collect up front as security against unpaid rent or damage, usually expressed as a multiple of one month's rent. Separate pet, key or cleaning deposits often count toward the same limit.
Deposit return deadline
Source-confirmed 2026-10
21 days after termination of the tenancy AND receipt of the tenant's mailing address or delivery instructions to return the deposit or furnish a written statement of the specific reason for withholding (amended by SL 2026, ch 179 — previously two weeks). Within 45 days after termination, on the tenant's request, an itemized accounting of any amount withheld is required. Noncompliance forfeits all rights to withhold; bad-faith retention or failure to provide the statement/accounting exposes the lessor to punitive damages up to $200.
“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.”
Excerpt from the cited source as read on the date shown.
Source line on the page reads 'SL 2026, ch 179, § 1' — the deadline changed from two weeks to 21 days in the 2026 session. the statute controls.
Reference value in Aptoria's compliance data: “14 days after move-out”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The window after the tenant vacates in which the landlord must refund the deposit or deliver an itemized statement of deductions. Missing the deadline is the most common way a landlord forfeits the right to keep any part of the deposit.
Separate pet deposit
Source-confirmed 2026-10
No separate pet-deposit authorization. Any deposit whose function is to secure performance of the rental agreement is a 'security deposit, however denominated', so a pet deposit counts toward the one-month cap; a larger total deposit is permitted only by mutual agreement where special conditions pose a danger to maintenance of the premises (which is how landlords typically justify an extra pet deposit).
“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”
Excerpt from the cited source as read on the date shown.
Same section continues: '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.' The statute neither names pets nor exempts pet deposits from the cap.
Reference value in Aptoria's compliance data: “Permitted”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a refundable pet deposit can be collected on top of the security deposit. Even where it is permitted, the combined amount usually has to stay inside the overall deposit limit.
In practice
• Hold the deposit the way the statute requires (separate or escrow account where applicable) and record the account in the file.
• Document move-in condition with a dated, photographed inventory the tenant can sign; it is the only evidence that supports a later deduction.
• Send the itemized statement and any refund by a trackable method, and keep the receipts or estimates behind every deduction.
Rent, late fees and application fees
The fees a South Dakota lease can charge, the statutory ceilings that override the lease, and whether rent increases are regulated statewide.
Late fees
Source-confirmed 2026-10
No statewide cap on residential late fees or statutory grace period; SDCL ch. 43-32 (landlord and tenant) does not regulate late charges, so the lease term controls.
Absence finding: the full text of ch. 43-32 was searched for late-fee / late-charge provisions and none exist.
Reference value in Aptoria's compliance data: “No statewide cap (reasonableness standard)”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Any statutory ceiling on the fee for late rent and any mandatory grace period before it can be charged. Where there is no statutory cap, courts still strike fees they find punitive rather than a reasonable estimate of the landlord's cost.
Application fee limit
Source-confirmed 2026-10
No statewide cap on rental application fees; SDCL ch. 43-32 does not regulate application fees.
Absence finding: the full text of ch. 43-32 was searched for application-fee provisions and none exist.
Reference value in Aptoria's compliance data: “No statewide cap”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
A cap on what an applicant can be charged to apply, sometimes limited to the actual cost of screening and sometimes prohibited outright. Fee receipts and refund rules usually travel with the cap.
Statewide rent regulation
Source-confirmed 2026-10
(b) Statewide preemption: no local governmental unit may enact, maintain or enforce any ordinance controlling the amount of rent charged for private residential property; no statewide rent cap or rent-increase limit exists. Exception: a local unit may still manage rents on property in which it holds a property interest.
“No local governmental unit may enact, maintain, or enforce any ordinance, resolution, or other enactment that would have the effect of controlling the amount of rent charged for leasing private residential property.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “No statewide rent regulation (check local ordinances)”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a statewide law caps annual rent increases or whether rent control exists for covered units. Local ordinances can add limits even where the state has none.
In practice
• State the late fee, the grace period and the application fee in the lease in dollars or a clear percentage; a fee that is not in the lease is rarely enforceable.
• Never charge above the statutory cap even when the lease says more; the excess is unenforceable and can expose the landlord to penalties.
• Keep fee calculations in the ledger so a tenant, a court or an auditor can reproduce them from the rent roll.
Notices, rent increases and termination
How much written notice South Dakota requires before a rent increase, before ending a month-to-month tenancy, and before filing for nonpayment.
Rent-increase notice
Source-confirmed 2026-10
Month-to-month: landlord may modify lease terms (including rent) by written notice given at least 30 days before the end of the month, effective at the end of that month; tenant may terminate effective the first of the next month by giving notice within 15 days of receiving the modification. No statewide rent cap.
“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.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “30 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The written notice a landlord must give before a rent increase takes effect on a periodic (month-to-month) tenancy. Fixed-term leases generally cannot be changed mid-term.
Month-to-month termination notice
Source-confirmed 2026-10
Either party must give notice to terminate a periodic hiring at least as long before the end of the term as the term itself, not exceeding one month — i.e., one month's notice for a month-to-month tenancy.
“unless one of the parties gives notice to the other of his intention to terminate the same at least as long before the expiration thereof as the term of the hiring itself, not exceeding one month.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “30 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a landlord must give to end a periodic tenancy without cause. Some jurisdictions require longer notice for long-term tenants or require a stated cause.
Pay-or-quit notice
Source-confirmed 2026-10
A forcible entry and detainer action is maintainable if the lessee fails to pay rent for three days after it is due (§ 21-16-1(4)). The former separate notice-to-quit section (§ 21-16-2) was repealed by SL 2024, ch 75; the UJS landlord eviction packet governs current filing practice.
“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;”
Excerpt from the cited source as read on the date shown.
§ 21-16-2 (notice to quit) shows 'Repealed' with source 'SL 2024, ch 75, § 1' on the official site. Whether any pre-filing written demand is still required beyond the 3-day default is a counsel question; the 3-day element itself is verified.
Reference value in Aptoria's compliance data: “3 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a tenant must receive for nonpayment before the landlord can file for possession, and the time the tenant has to pay in full and cure. This is the step most often done wrong in an eviction.
In practice
• Serve notices in the form and by the method the statute names, and keep proof of service with the dated notice.
• Count notice periods the way the statute counts them (calendar days, business days, or "before the next rent due date") and build in a margin.
• Treat a notice to a possibly rent-regulated or subsidized unit as a legal check, because longer periods and extra content requirements usually apply.
Landlord entry
When a South Dakota landlord may enter an occupied unit and how much notice the tenant must receive.
Non-emergency entry notice
Source-confirmed 2026-10
Reasonable notice required for non-emergency entry, at reasonable times; 24 hours' written notice is presumed reasonable unless the lease sets alternate methods/times. Notice must state the date(s), a window during normal business hours, the purpose, and a way for the tenant to request rescheduling.
“Twenty-four hours written notice is presumed to be a reasonable notice unless alternate methods of notification or times for entry are mutually agreed upon between the landlord and tenant in the lease.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “24 hours”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The advance notice required before a landlord enters an occupied unit for repairs, inspections or showings. Emergencies are the usual exception.
In practice
• Give written notice with the date, a reasonable time window and the purpose, and log the entry afterwards.
• Emergencies are the only common exception; document what made the entry urgent.
• A pattern of unannounced entries is a common basis for tenant complaints and counterclaims.
Payments, fair housing and licensing
Operational rules that sit outside the landlord-tenant act but decide how rent can be collected, who can be screened out, and who may manage for others.
Card surcharges on rent
Allowed within card-network limits
Returned-payment (NSF) fee
No statewide statutory cap on file
Source-of-income protection
No statewide protection on file
Local ordinances can extend protection beyond the statewide rule.
Property-management licensing
License generally required to manage for others
State real estate broker license required for property management for others — confirm with state commission.
Compliance posture values are reference data compiled from public statutes and are not source-confirmed line by line. Confirm with the state agency before relying on them.
South Dakota next to its neighbors
Own units on both sides of a state line? These are the reference values for every bordering jurisdiction. Open a state to see which values carry a citation.
Federal and state disclosures Aptoria's lease workflow surfaces for South Dakota. This is a working checklist from public sources, not a complete legal inventory for a specific property.
• Lead-based paint hazards (pre-1978 housing) — EPA Pamphlet "Protect Your Family from Lead in Your Home"
• Methamphetamine contamination (if known)
Official sources
Primary sources a South Dakota landlord should bookmark. Each link was fetched and read during the October 2026 review; the binding text is always the current official version.
How much can a landlord charge for a security deposit in South Dakota?
Maximum security deposit is one month's rent; a larger deposit may be agreed only where special conditions pose a danger to maintenance of the premises. (S.D. Codified Laws § 43-32-6.1, confirmed 2026-10).
How long does a South Dakota landlord have to return the security deposit?
21 days after termination of the tenancy AND receipt of the tenant's mailing address or delivery instructions to return the deposit or furnish a written statement of the specific reason for withholding (amended by SL 2026, ch 179 — previously two weeks). Within 45 days after termination, on the tenant's request, an itemized accounting of any amount withheld is required. Noncompliance forfeits all rights to withhold; bad-faith retention or failure to provide the statement/accounting exposes the lessor to punitive damages up to $200. (S.D. Codified Laws § 43-32-24, confirmed 2026-10).
What is the maximum late fee in South Dakota?
No statewide cap on residential late fees or statutory grace period; SDCL ch. 43-32 (landlord and tenant) does not regulate late charges, so the lease term controls. (SDCL ch. 43-32, confirmed 2026-10).
How many days does a South Dakota pay-or-quit notice give the tenant?
A forcible entry and detainer action is maintainable if the lessee fails to pay rent for three days after it is due (§ 21-16-1(4)). The former separate notice-to-quit section (§ 21-16-2) was repealed by SL 2024, ch 75; the UJS landlord eviction packet governs current filing practice. (S.D. Codified Laws § 21-16-1(4), confirmed 2026-10).
How much notice must a South Dakota landlord give before entering?
Reasonable notice required for non-emergency entry, at reasonable times; 24 hours' written notice is presumed reasonable unless the lease sets alternate methods/times. Notice must state the date(s), a window during normal business hours, the purpose, and a way for the tenant to request rescheduling. (S.D. Codified Laws § 43-32-32, confirmed 2026-10).
How much notice is required to raise rent in South Dakota?
Month-to-month: landlord may modify lease terms (including rent) by written notice given at least 30 days before the end of the month, effective at the end of that month; tenant may terminate effective the first of the next month by giving notice within 15 days of receiving the modification. No statewide rent cap. (S.D. Codified Laws § 43-32-13, confirmed 2026-10).
How much notice is required to end a month-to-month tenancy in South Dakota?
Either party must give notice to terminate a periodic hiring at least as long before the end of the term as the term itself, not exceeding one month — i.e., one month's notice for a month-to-month tenancy. (S.D. Codified Laws § 43-32-15, confirmed 2026-10).
Does South Dakota have statewide rent control?
No statewide rent regulation is on file for South Dakota. Local ordinances can still limit increases, so check the city or county where the unit sits before setting a renewal rent.
Is source of income a protected class in South Dakota?
No statewide source-of-income protection is on file for South Dakota, but cities and counties can adopt it. Check local law before refusing a voucher or benefit income, and apply any screening criteria consistently.
Can a South Dakota landlord add a surcharge for paying rent by card?
Allowed within card-network limits. Where a surcharge is allowed, it must still follow card-network rules and be disclosed before payment.
How this page was verified
Every rule is shown in one of two states. “Source-confirmed” means an editor opened the official statute page named next to the rule on the date shown, read the controlling text, and recorded the excerpt you see; the excerpt is quoted verbatim so you can check it. “Reference value” means Aptoria's compliance engine applies a conservative number for this rule, but nobody has yet tied it to a specific statute section on this page, so it must be checked before you rely on it.
This page meets Aptoria's evidence floor for publication (10 source-confirmed rules and 4 fetched official sources). Statutes change; local ordinances can be stricter; the facts of a tenancy change the result.