South Dakota Landlord-Tenant Law (2026)
Notice periods, deposit caps, entry rules, and required disclosures for residential rentals in South Dakota. Every rule links to the official state statute.
Reference only, not legal advice. State laws change. Confirm with the official South Dakota statute or a licensed attorney before you serve notice or file a case.
Quick summary
Notice periods
- Nonpayment of rent
- 3 days
- Cure lease violation
- 3 days
- Notice to quit (month-to-month)
- 30 days
Security deposit
- Statutory cap
- 1 month of rent
- Return deadline after move-out
- 14 days
Landlord entry notice
24 hours advance notice
Required disclosures
- Lead paint (pre-1978)
- Methamphetamine
Market rules
- Rent control
- Preempted
- Small claims limit
- $12,000
Official state statute
Always confirm current law with the source before serving notice.
https://sdlegislature.gov/Statutes/Codified_Laws/2036529South Dakota landlord FAQ
How many days notice do I give a tenant for unpaid rent in South Dakota?
South Dakota requires a 3-day notice to the tenant before you can file for eviction for unpaid rent. The notice must comply with the form and delivery rules in the state statute.
What is the maximum security deposit in South Dakota?
South Dakota caps security deposits at 1 month of rent. Charging more than this is a violation of state law.
How many days do I have to return a security deposit in South Dakota?
South Dakota requires landlords to return the security deposit within 14 days after the tenant vacates. An itemized list of any deductions must accompany the refund.
How much notice must I give before entering a rental unit in South Dakota?
South Dakota requires 24 hours advance notice before a landlord enters a rental unit for a non-emergency reason.
Does South Dakota have rent control?
South Dakota law preempts local rent control. No city or county in the state can cap rent.
Is South Dakota landlord-friendly or tenant-friendly?
South Dakota is classified Landlord-Friendly. This is based on notice periods, deposit caps, eviction timelines, and tenant protection rules relative to other states. Use it as a general read, not a ranking.
What disclosures am I required to give tenants in South Dakota?
South Dakota requires: Lead paint (pre-1978), Methamphetamine. Some states add local disclosures by city. Always check the state statute for the current list.
What is the small claims court limit in South Dakota?
South Dakota small claims court hears cases up to $12,000. Most landlord-tenant disputes over deposits, damages, or unpaid rent fit within this limit.
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