South Dakota Rental Laws
Your South Dakota Rental Laws Guide to helpful links and information for leases, rent, security deposits, tenant screening, real estate and government.
Official Website of the State of South Dakota
The United States Census Bureau estimates that the population of South Dakota was 844,877 on July 1, 2014, a 4.79% increase since the 2010 United States Census
The State of South Dakota has 66 counties.
State Rules and Regulations
- Keys Laws Landlords and Tenants Need to Know
- South Dakota Residential Landlord and Tenant Code
- Local Tenant Rights, Laws, and Protections
Important Lease Terms
Security Deposits
- Amount: 1 Month
- Return Deadline: Two weeks, and must supply reasons if withholding any portion; 45 days for a written, itemized accounting, if tenant requests it
Fees and Notice
- Applications Fees: No Restrictions
- Termination Notice: Landlord can file eviction lawsuit immediately, without giving tenant an opportunity to cure, if tenant violates a lease clause that provides for immediate termination upon violation.
- Tenant Rights to Withhold Rent: Yes with conditions
Landlord Disclosures
- South Dakota Required Landlord Disclosures
- The Lead Disclosure Rule: Federal law requires that before signing a lease for housing built before 1978, renters must receive The Lead Based Paint EPA Disclosure and Lead Based Paint EPA Pamphlet
Real Estate Links
- South Dakota Real Estate Commission
- South Dakota Verify Real Estate Agent License
- Verify RE Agent License Nationwide and Canada
Federal Government
- Fair Credit Reporting Act: Federal Government legislation which promotes the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies.
- Fair Housing Act: The Fair Housing Act protects people from discrimination when they are renting, buying, or securing financing for any housing. The prohibitions specifically cover discrimination because of race, color, national origin, religion, sex, disability and the presence of children
Credit Reports
Tenant Screening
- Counties covered: Aurora, Beadle, Bennett, Bon Homme, Brookings, Brown, Brule, Buffalo, Butte, Campbell, Charles Mix, Clark, Clay, Codington, Corson, Custer, Davison, Day, Deuel, Dewey, Douglas, Edmunds, Fall River, Faulk, Grant, Gregory, Haakon, Hamlin, Hand, Hanson, Harding, Hughes, Hutchinson, Hyde, Jackson, Jerauld, Jones, Kingsbury, Lake, Lawrence, Lincoln, Lyman, McCook, McPherson, Marshall, Meade, Mellette, Miner, Minnehaha, Moody, Pennington, Perkins, Potter, Roberts, Sanborn, Shannon, Spink, Stanley, Sully, Todd, Tripp, Turner, Union, Walworth, Yankton, Ziebach
- Summary of Your Rights Under the Fair Credit Reporting Act (FCRA)
Last Updated: April 20, 2020