Rent increases in South Dakota
Source: SDCL 43-32-13 (modification of month-to-month lease); SDCL 43-32-27, 43-32-28 (retaliation); SDCL 6-1-13 (rent-control preemption) · Checked against the statute
- Notice
- 30 days
- Statewide cap
- No statewide cap
- During a lease
- No state statute
- Local rent control
- Banned by state law
When can a rent increase start in South Dakota?
Choose the state and the date the notice is given.
How much notice is required
In a month-to-month lease, the landlord may change the rent with written notice at least 30 days before the month ends. The change takes effect when the month ends if the tenant stays. Within 15 days of getting the notice, the tenant may give notice to end the lease on the first day of the next month. (SDCL 43-32-13)
| Applies to | When | Notice |
|---|---|---|
| Month-to-month | — | 30 days |
- The notice must be in writing.
- The change can only start at the end of a rental period (on a rent day).
Example: a notice handed over on November 2, 2026 in South Dakota
Earliest date the new rent can start, with rent due on the 1st, worked out from the South Dakota rule above:
- For a month-to-month tenant of 1 year raising rent 5% or a month-to-month tenant of 3 years raising rent 12%: Friday, January 1, 2027
Raising rent during a lease
No South Dakota statute addresses raising rent during a fixed-term lease.
City and county rent control
No local government may enact, maintain or enforce any measure that controls the rent charged for private residential property. (SDCL 6-1-13)
Retaliatory rent increases
A tenant may sue if the landlord raises rent above fair-market value after any of these: the tenant made a good-faith code complaint the landlord was told of in writing, gave written notice of needed repairs under § 43-32-9, or joined a tenants' union. Remedies are under § 43-32-6, plus attorney's fees. A notice to vacate given more than 180 days after the event is a defense. Not renewing a written lease is not retaliation. (SDCL 43-32-27, 43-32-28)
Also good to know
- No statewide limit on the amount or frequency of rent increases.
- SDCL 43-32-13 does not give a separate rule for week-to-week tenancies.
Other South Dakota renting rules in numbers
- Security deposit
- No more than one month's rent, unless landlord and tenant agree to more because special conditions pose a danger to maintaining the premises. Return deadline: 21 days (see details).
- Tenant's notice to move out
- 1 month, ending with a rental period
- Notice for unpaid rent
- No notice required
- How a written notice is delivered (eviction-notice rules)
- No pre-filing notice is required. The summons and verified complaint are served by a sheriff, authorized process server or constable, with at least two attempts at least one week apart within 30 days; on the second attempt the summons may be posted conspicuously, given to a resident, and mailed first-class (SDCL § 21-16-6). The landlord may also publish the summons once in a legal newspaper (§ 21-16-6.1).
- Notice for other lease violations
- No notice required
- Small claims court limit
- $12,000 — where most deposit and rent disputes are filed.
- Repairs
- Time to repair: A reasonable time. Repair and deduct: allowed; withholding rent: allowed with limits.
- Deposit kept wrongly
- A landlord who does not comply loses all right to withhold any part of the deposit. Bad-faith retention, or a bad-faith failure to give the statement or accounting, adds punitive damages of up to $200.
- Lawful reasons to end a lease early
- Domestic violence, sexual assault or stalking; Unit unlivable or landlord fails to repair; Landlord harassment or illegal entry; Other
Sources
- SDCL 43-32-13 Retrieved October 15, 2026.
- SDCL 43-32-27 Retrieved October 15, 2026.
- SDCL 43-32-28 Retrieved October 15, 2026.
- SDCL 6-1-13 Retrieved October 15, 2026.
Laws change. This page was checked against the sources above on October 15, 2026. It is legal information, not legal advice; for a dispute, contact your state's legal aid. See our methodology.