State rules · SD

South Dakota landlord-tenant rules

The six rules landlords and renters ask about most in South Dakota, each with the statute it comes from.

Last reviewed September 30, 2026 Official resource: consumer.sd.gov

21 days

to return a deposit

Security deposit

South Dakota landlords have 21 days to return a security deposit after you move out and give a forwarding address.

30 days

landlord notice, month-to-month

Notice to vacate

In South Dakota, landlords and tenants must each give 30 days’ notice to end a month-to-month tenancy.

No cap

on late fees

Late fees

South Dakota law sets no dollar or percentage cap on late fees and no required grace period, so your lease sets the terms.

30 days

notice before an increase

Rent increase notice

South Dakota landlords must give at least 30 days’ notice before raising the rent on a month-to-month tenancy.

24 hours

notice before entry

Landlord entry

In South Dakota, the law treats 24 hours’ notice as reasonable before a landlord enters, except in an emergency.

$12,000

small claims limit

Small claims limit

In South Dakota, you can sue for up to $12,000 in small claims court.

Not legal advice. Statutes change; check the linked section. The law behind each rule: South Dakota Codified Laws, Chapter 43-32 (Lease of Real Property) and Chapter 21-16 (Forcible Entry and Detainer).

Compare

See every state side by side