Home · Landlord-tenant rules · South Dakota
Deposit, notice, and late-fee figures cited to the state statute.
| Rule | Rule text |
|---|---|
| Security deposit cap | A lessor of residential premises may not demand or receive a security deposit in excess of one month's rent, except that the lessor and lessee may agree to a larger deposit where special conditions pose a danger to maintenance of the premises. S.D. Codified Laws § 43-32-6.1. As of 2026-10-09. |
| Deposit return deadline | Every lessor of residential premises shall, within twenty-one days after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the security deposit or furnish a written statement showing the specific reason for withholding it or any portion of it. S.D. Codified Laws § 43-32-24. As of 2026-10-09. |
| Notice for a rent increase | In a lease from month to month, the landlord may, on written notice at least thirty days before the month expires, modify the lease effective at the end of the month. If the tenant continues to hold the premises, the notice establishes the terms, rent, and conditions it specifies. The tenant may terminate effective the first day of the next month by notice within fifteen days after receiving the modification notice. S.D. Codified Laws § 43-32-13. As of 2026-10-09. |
| Notice to end a tenancy | A hiring of real property for a term the parties do not specify is deemed renewed unless one party gives notice of intention to terminate at least as long before the end of the term as the term of the hiring itself, not exceeding one month. S.D. Codified Laws § 43-32-15. As of 2026-10-09. |
| Eviction notice | An action for forcible entry and detainer, or for detainer only, is maintainable if a lessee in person or by subtenants holds over after termination of the lease or expiration of the term, or fails to pay the rent for three days after it is due. S.D. Codified Laws § 21-16-1(4). As of 2026-10-09. |
A lessor of residential premises may not demand or receive a security deposit in excess of one month's rent, except that the lessor and lessee may agree to a larger deposit where special conditions pose a danger to maintenance of the premises.
Every lessor of residential premises shall, within twenty-one days after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the security deposit or furnish a written statement showing the specific reason for withholding it or any portion of it.
An action for forcible entry and detainer, or for detainer only, is maintainable if a lessee in person or by subtenants holds over after termination of the lease or expiration of the term, or fails to pay the rent for three days after it is due.
Figures are from South Dakota statutes, retrieved 2026-10-09. Primary sources: https://sdlegislature.gov/api/Statutes/43-32-6.1.html, https://sdlegislature.gov/api/Statutes/43-32-24.html, https://sdlegislature.gov/api/Statutes/43-32-13.html, https://sdlegislature.gov/api/Statutes/43-32-15.html, https://sdlegislature.gov/api/Statutes/21-16-1.html.
A lessor of residential premises may not demand or receive a security deposit in excess of one month's rent, except that the lessor and lessee may agree to a larger deposit where special conditions pose a danger to maintenance of the premises. Source: S.D. Codified Laws § 43-32-6.1, https://sdlegislature.gov/api/Statutes/43-32-6.1.html, as of 2026-10-09.
Every lessor of residential premises shall, within twenty-one days after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the security deposit or furnish a written statement showing the specific reason for withholding it or any portion of it. Source: S.D. Codified Laws § 43-32-24, https://sdlegislature.gov/api/Statutes/43-32-24.html, as of 2026-10-09.
In a lease from month to month, the landlord may, on written notice at least thirty days before the month expires, modify the lease effective at the end of the month. If the tenant continues to hold the premises, the notice establishes the terms, rent, and conditions it specifies. The tenant may terminate effective the first day of the next month by notice within fifteen days after receiving the modification notice. Source: S.D. Codified Laws § 43-32-13, https://sdlegislature.gov/api/Statutes/43-32-13.html, as of 2026-10-09.
A hiring of real property for a term the parties do not specify is deemed renewed unless one party gives notice of intention to terminate at least as long before the end of the term as the term of the hiring itself, not exceeding one month. Source: S.D. Codified Laws § 43-32-15, https://sdlegislature.gov/api/Statutes/43-32-15.html, as of 2026-10-09.
An action for forcible entry and detainer, or for detainer only, is maintainable if a lessee in person or by subtenants holds over after termination of the lease or expiration of the term, or fails to pay the rent for three days after it is due. Source: S.D. Codified Laws § 21-16-1(4), https://sdlegislature.gov/api/Statutes/21-16-1.html, as of 2026-10-09.
Estimates for planning; not tax/legal advice.