South Dakota Laws for Landlords.
Your Resource for laws affecting landlords in South Dakota

(Information is updated daily)

Landlord Legislation in South Dakota

Below is a list of laws for landlords in South Dakota. New resources, bills and articles are updated daily. You can also type in a Bill Number or Keyword in the search bar to find additional details on laws.

SD HB1045 Revise certain tenant and landlord rights.

Introduced Session

2021 Regular Session

Summary
Revise certain tenant and landlord rights.
Sponsors
Tina Mulally Aaron Aylward Taffy Howard Chris Johnson Herman Otten Rebecca Reimer Marli Wiese
Last Action
Local Government Deferred to the 41st legislative day, Passed, YEAS 10, NAYS 3.
View Details
https://lawsforlandlords.com/bill/sd-2021-hb1045/

SD HB1123 Revise provisions regarding termination of a lease by a victim of alleged domestic abuse.

SD HB1076 Revise certain real estate licensee advertising restrictions and grant rule-making authority regarding real estate teams.

SD SB119 Provide certain provisions regarding the furnishing of fraudulent disability documentation when renting accommodations.

SD HB1078 Provide for the regulation of teams and team leaders regarding real estate transactions.

Introduced Session

2017 Regular Session

Summary
Provide for the regulation of teams and team leaders regarding real estate transactions.
Sponsors
Kristin Conzet Roger Chase Spencer Gosch Spencer Hawley Jason Kettwig John Lake David Lust Sean Mcpherson Mark Mickelson Tim Reed Larry Rhoden Tona Rozum Kyle Schoenfish Susan Wismer Matthew Wollmann Nancy York Larry Zikmund Kris Langer Justin Cronin Terri Haverly Ryan Maher Al Novstrup Deb Peters Billie Sutton Larry Tidemann Jim White
Last Action
Commerce and Energy Deferred to the 41st legislative day, Passed, YEAS 6, NAYS 1. S.J. 431
View Details
https://lawsforlandlords.com/bill/sd-2017-hb1078/

SD SB23 Revise certain provisions relating to deceptive trade practices, including unordered property or services, lodging reservation and cancellation, violation penalties, attorney’s fees, entry rights for landlords and tenants, debit card theft, and organized retail crime.

Introduced Session

2014 Regular Session

Summary
Revise certain provisions relating to deceptive trade practices, including unordered property or services, lodging reservation and cancellation, violation penalties, attorney's fees, entry rights for landlords and tenants, debit card theft, and organized retail crime.
Sponsors
Judiciary
Last Action
Signed by Governor S.J. 673
View Details
https://lawsforlandlords.com/bill/sd-2014-sb23/

SD SB66 Revise the style and form of certain provisions, to amend certain provisions to streamline and clarify, and to repeal certain obsolete and unnecessary provisions pertaining to the Real Estate Commission.

Introduced Session

2013 Regular Session

Summary
Revise the style and form of certain provisions, to amend certain provisions to streamline and clarify, and to repeal certain obsolete and unnecessary provisions pertaining to the Real Estate Commission.
Sponsors
Commerce and Energy
Last Action
Signed by Governor S.J. 756
View Details
https://lawsforlandlords.com/bill/sd-2013-sb66/

SD HB1219 Extend certain protections against precipitous eviction to certain long-term tenants at will.

Introduced Session

2011 Regular Session

Summary
Extend certain protections against precipitous eviction to certain long-term tenants at will.
Sponsors
Daniel Lederman Phil Jensen Elaine Elliott Kevin Killer Melissa Magstadt Stace Nelson Patricia Stricherz Mark Willadsen Shawn Tornow
Last Action
Signed by Governor H.J. 740
View Details
https://lawsforlandlords.com/bill/sd-2011-hb1219/

Must-Know South Dakota Landlord-Tenant Laws

Law For Landlords

In the U.S., there are nearly 48.5 million rental units. A little over half of these rental units are owned by business entities, while the rest are owned by individual investors.

There are a lot of good reasons to own rental property in, including providing a passive income source as well as the potential for property value appreciation. Many Americans have managed to make rental property ownership their full-time job, while others might keep a few rental properties as a way of making extra income.

If you are considering becoming a landlord, you likely have a lot of questions. What regulations do landlords need to know? What should I know as a landlord in general?

Understanding landlord-tenant laws is essential for protecting yourself legally and financially. Here’s a brief guide for self-managing landlords regarding some of the most important federal and state laws.

The Fair Housing Act

The Fair Housing Act is one of the two major federal laws that impact all property managers and landlords across the country. This is a law that prohibits discrimination due to national origin, race, religion, color, disability, sex or familial status. This law applies to:

  • Renting or buying a home
  • Seeking housing assistance
  • Getting a mortgage
  • Engaging in other housing-related activities

This law extends beyond leasing where landlords are concerned. It also applies to advertising, meaning that it is illegal to market your properties to any specific group of people.

Fair Credit Reporting Act

The Fair Credit Reporting Act is a law that requires landlords to do a number of things when running a credit check. These include receiving permission from an applicant to run a credit report, informing the applicant if their credit report was the basis for adverse action or denial, and providing specific information regarding the credit reporting agency they used

Law Paint Law

It is required by landlords under federal law to disclose the presence of lead paint. They are not required to remove lead paint under federal law, but state laws might dictate otherwise. It’s important to learn about your state and municipality laws regarding lead paint in addition to the federal law.

Discrimination Law

Beyond the Federal Fair Housing Act, state and local laws might provide additional protection beyond the federal law. These might extend protections to people based on their sexual orientation, age, marital status, political association and even hairstyle.

Tenant Duties

While your tenant is responsible for some things, you should know what those things are as the landlord. Then, you can include those duties in your lease agreement. If a tenant doesn’t fulfill their duties, you may be able to provide a notice to vacate in law. Your tenants need to comply with local health and building codes to keep themselves and others safe. They also need to dispose of garbage safely and legally, and they need to use the property reasonably. That means living in the property, but unreasonable uses could include conducting business. Tenants are also responsible for keeping the property clean on a daily basis. They also can’t do anything that would disturb their neighbors, especially if you own a duplex or a similar property. A tenant must also ensure their guests also comply with these requirements. And whenever your tenant has any issues, they must notify you so that you can correct the problem.

Security Deposit Limit

Before a tenant moves in, you can charge them a security deposit. Fortunately, doesn’t have any limitations regarding the amount the deposit can be. You can set an amount based on the property’s rent or value. And you can charge a security deposit for short-term or long-term leases. Then, you can hold onto that amount for the duration of the tenant’s stay. While you can use the money from the deposit, it’s smart to keep it in a separate account. When the tenant moves out, you can make sure you have enough money to pay them back. You can outline the terms of the security deposit, such as the amount and when you will return it, in your lease agreement. That way, you and your tenant both understand the terms, and you can use similar language if you ever buy property in another state.

A Legal Lease Document

Each state and some municipalities might have laws regarding the lease contract. Rental contracts must abide by all laws and be legally written. It is necessary to indicate tenant names, monthly rental rates, and leasing periods clearly.

In some jurisdictions, it is required that certain legal disclosures be included in the lease document. Working with a lawyer to produce your rental contract can help ensure that the lease provides all of the required information and doesn’t break any federal, state, or local laws.

Required Disclosures

It is common in many states to require landlords to inform tenants about individual landlord policies, certain state laws, or specific information about the rental. It might be required that this is disclosed within the lease itself or in additional documentation.

It’s important to look into your state’s requirements about disclosures. However, some commonly required disclosures include notice of recent deaths, mold, meth contamination, or other safety or health hazards.

Providing a Safe Environment

One important landlord-tenant law has to do with the habitability of the rental unit. The definition of “safe, habitable condition” might be different between states. For this reason, you must familiarize yourself with the laws for landlords in your location.

Typically, this means that the property cannot have serious deficiencies. It also means that fixtures, appliances, heating, and plumbing need to be in working order. You also cannot rent out a property that is infested with pests or insects.

 Landlords are usually responsible for dealing with infestations even if the outbreak happens after the tenant moves in. However, in many states, this can be avoided by specifying that the renter is responsible for pest control.

Laws About Making Repairs

In the lease agreement, it will be outlined that the tenants are responsible for reporting necessary repairs. It then becomes the landlord’s responsibility to complete the repairs within an appropriate amount of time.

If a landlord doesn’t make a repair in a timely manner in a way that impacts the safety or health of a tenant, a tenant might have the right to withhold rent.

Security Deposits

It is common for landlords to require a security deposit from the tenant. This is in order to cover the costs of any damage the tenant causes or if they fail to pay rent. A landlord must refund the security deposit unless it is needed to cover the cost of fixing property damage or covering default rent payments.

In some states, how the security deposit is kept is dictated by the law. It is also typically required that an itemized list of deductions must be provided to the tenant if the landlord is using some of the deposit for these purposes.

The unused portion of the deposit must be returned and the itemized statement must be provided. If they aren’t, the landlord can face financial and legal repercussions.

Renters Right To Privacy

Most landlord-tenant rules and regulations cover the right to quiet enjoyment of a tenant. This means that it is their right to live on a property undisturbed. The landlord must give proper notice before entering the rental unit, which is usually 24 to 48 hours unless there is an emergency.

Landlords can only enter the rental property for valid reasons and at a reasonable time of day after giving notice.

Landlord-Tenant Laws: Essential For Protecting Yourself Legally and Financially

Without a good understanding of landlord-tenant laws, you can find yourself in a mess of legal and financial trouble. It’s therefore very important to familiarize yourself with the federal, state, and local laws regarding the rights of tenants and the responsibilities of landlords.

Are you looking for more valuable resources to serve as a guide for self-managing landlords? You can find more resources and guides here.

Reviewing Laws for Landlords

Understanding laws for landlords is essential for keeping your properties up and running. It can also protect you and your finances if you have a problematic tenant or experience other issues. Whether you just bought your first rental property or are looking to expand, you should understand how these laws affect you. That way, you won’t have to worry about losing everything. Do you want to learn more about laws for landlords? Let us know.

Please understand that because of the nature of the topic, this page has been written in a generalized form. Further guidance should be sought on the topic being searched by the landlord.

South Dakota Landlord Legislation Blog

Governor’s Latest Executive Order

KEY FACTS: Issued:  October 15, 2020
Expires:  November 14, 2020 Caveat:
Late Fee Prohibition Remains in Effect
Through December 31, 2020 KEY ISSUES:
Rent Demands: Extends 30-day rent
demand until November 14th The 30-day
rent demand applies to ALL Landlords
(residential and commercial). Late Fees:
The Order establishes a ban […]

Governor’s Latest Executive Order

KEY FACTS: Issued:  October 15, 2020
Expires:  November 14, 2020 Caveat:
Late Fee Prohibition Remains in Effect
Through December 31, 2020 KEY ISSUES:
Rent Demands: Extends 30-day rent
demand until November 14th The 30-day
rent demand applies to ALL Landlords
(residential and commercial). Late Fees:
The Order establishes a ban […]

Governor’s Latest Executive Order

KEY FACTS: Issued:  October 15, 2020
Expires:  November 14, 2020 Caveat:
Late Fee Prohibition Remains in Effect
Through December 31, 2020 KEY ISSUES:
Rent Demands: Extends 30-day rent
demand until November 14th The 30-day
rent demand applies to ALL Landlords
(residential and commercial). Late Fees:
The Order establishes a ban […]

A Guide to Section 8 for Landlords

Over 10 million Americans are afforded federal rental assistance under a program known as Section 8 housing. This federal rental assistance can be used all over the United States, which means that all US landlords should have a basic understanding of what Section 8 is and how it works. In short, Section 8 housing provides a solution for low-income families and individuals who are in need of housing. But how does Section 8 housing work for landlords? If you’ve poked around online

Read More »

Pros and Cons of Month-to-Month Rental Leases

The real estate market is in a particularly unusual state in 2021 as the overall economy seeks to correct itself during an ongoing pandemic. One of the more surprising results of the past year is that while housing prices are going up, the cost to rent is, in many places, going down or stabilizing. Now is a great time for property owners to analyze the kind of leasing agreements they typically offer. Is month-to-month rental a better solution in the present,

Read More »

A Guide to Squatter Rights- What Landlords Absolutely Need to Know

If you’re a landlord who has recently discovered the presence of unknown tenants living in one of your properties, you’re probably wondering what to do next. Is this trespassing? Can you simply kick them out? The answer is not quite so simple, assuming these unexpected tenants are squatters. We tend to think of squatters in basic, colloquial terms: people who have moved into a property they don’t own or rent and live there without permission. However, you’ve probably also heard

Read More »

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