Landlord repairs in South Dakota

The landlord must keep the premises and all common areas in reasonable repair, fit for human habitation and in good and safe working order, and keep the electrical, plumbing and heating systems in good and safe working order, unless the tenant or someone under the tenant's control caused the disrepair. This duty cannot be waived in the lease (§ 43-32-8). (SDCL § 43-32-8)

South Dakota law names these:

• premises and common areas in reasonable repair and fit for human habitation
• working electrical systems
• working plumbing systems
• working heating systems

Repair and deduct and moving out require only 'notice' to the landlord (§ 43-32-9). Withholding rent into a repair account requires written notice stating the specific reason, plus written evidence of the deposit (§ 43-32-9). The state Consumer Protection guide recommends registered or certified mail and keeping copies. (SDCL § 43-32-9)

The tenant's remedies arise if the landlord neglects to make the repairs within a reasonable time after notice; no number of days is set (§ 43-32-9).

Law: SDCL § 43-32-9

Allowed. If the landlord does not repair within a reasonable time after notice of conditions making the premises unfit or unsafe, the tenant may make the repairs and deduct the cost from rent, or otherwise recover it from the landlord. The statute sets no dollar cap (§ 43-32-9).

Law:

SDCL § 43-32-9

Allowed with limits. Only if the cost of necessary repairs exceeds one month's rent: after written notice stating the specific reason, the tenant may withhold rent and immediately deposit it in a separate bank or savings and loan account used only for the repairs, giving the landlord written evidence of each deposit. The money goes to the landlord once the landlord makes the repairs, or is used by the tenant to pay for the repairs once enough has built up (§ 43-32-9).

Law:

SDCL § 43-32-9

Allowed. If the landlord does not repair within a reasonable time after notice, the tenant may vacate and is released from further rent and other lease obligations (§ 43-32-9). If the landlord willfully interrupts electric, gas, water or another essential service, the tenant may terminate (§ 43-32-6).

Law:

SDCL §§ 43-32-9, 43-32-6

If the landlord unlawfully removes or excludes the tenant or willfully interrupts electric, gas, water or other essential service, the tenant may seek an injunction, recover possession or terminate, and recover damages equal to two months' rent plus return of advance rent and deposit (§ 43-32-6).

A tenant may sue if, after (1) the landlord gets written notice that the tenant made a good-faith complaint to a code-enforcement agency, (2) the tenant gave written notice of a needed repair under § 43-32-9, or (3) the tenant joined a tenants' union, the landlord raises rent above fair-market value, cuts electric, gas, water or sewer service, or gives a notice to vacate not based on a lease breach. It is a defense that the notice to vacate came more than 180 days after the event; not renewing a written lease is not retaliation (§ 43-32-27). Remedies: two months' rent plus return of advance rent and deposit (§ 43-32-6), and reasonable attorney's fees (§ 43-32-28). The statute sets no presumption; the 180-day limit is a defense for the landlord. (SDCL §§ 43-32-27, 43-32-28)

The SD Consumer Protection guide says a tenant may check with the local city housing inspector, or health, energy or fire inspectors, who generally give the landlord a set time to fix code violations.

• The landlord may agree with the tenant that the tenant does specified repairs or maintenance in lieu of rent (§ 43-32-8).
• The SD Consumer Protection landlord-tenant guide (2015) states a $500 attorney-fee limit for retaliation claims; SL 2020, ch 191 amended § 43-32-28 to allow reasonable and customary attorney's fees with a verified itemized statement.

• South Dakota repair request letter (free, runs in your browser)
• Breaking a lease in South Dakota: notice periods and early-termination rights
• South Dakota eviction notice rules: what a notice for unpaid rent requires

• SDCL 43-32-8 Residential lessor to keep premises in repair Retrieved October 14, 2026.
• SDCL 43-32-9 Failure of lessor to repair--Lessee's remedies Retrieved October 14, 2026.
• SDCL 43-32-6 Tenant's remedies against lessor Retrieved October 14, 2026.
• SDCL 43-32-27 Retaliatory conduct Retrieved October 14, 2026.
• SDCL 43-32-28 Retaliatory conduct--Remedies--Attorney's fees Retrieved October 14, 2026.
• SD Consumer Protection: Landlord Tenant guide Retrieved October 14, 2026.

Laws change. This page was checked against the sources above on October 14, 2026. It is legal information, not legal advice; before withholding rent or ending a lease, contact your state's legal aid. See our methodology.