 South Dakota South Dakota Landlord - Tenant Disputes
The South Dakota State Attorney General's role in "Landlord - Tenant" disputes is limited. We are not
authorized by law to provide legal advice or private legal services to individual
citizens. We can, however, offer you general information which may help you to
help yourself.
The local building inspector or state or local health department are the authorities to contact if your
complaint relates to the health or safety of the tenant(s). The name, address, and telephone number of
those organizations can be found in your local telephone book under city, county, or state government.
If you feel your grievance merits legal action, we suggest that you confer with a private attorney to
discuss the merit of your case. You also have the option of using a small claims court procedure.
Additional information about this procedure is available from the Clerk of Courts office located at your
county courthouse.
While the Division of Consumer Protection does not intervene in disputes between landlords and
tenants, we can provide you with the rights and responsibilities of both the landlord and the tenant.
RENTAL AGREEMENTS
There are two kinds of rental agreements: written leases and oral rental agreements. A written lease
will normally include the rental period, the amount of rent, duties to repair, responsibility for damage,
whether a security deposit is required, and other conditions the landlord or tenant may wish to include.
An oral (unwritten) rental agreement is the
verbal relationship between a
landlord and tenant(s). Just because the
agreement is not down on the paper,
doesn't make the lease any less binding.
The maximum length of time that an oral
lease can be made is for one year.
If there is no lease, the rental period is determined by the time period for which the rent is paid. If rent
is paid every month, the tenancy is on a month-to-month basis. This means the tenant or the landlord
must give the other party one month's notice before leaving or ending a rental agreement. While the
landlord is allowed to raise the rent or change other conditions of the
agreement upon thirty (30) days notice, the tenant may terminate the lease on the first day of the next
month by giving notice to the landlord within fifteen (15) days of receipt of the landlord's notice of
modification.
TENANT RIGHTS & RESPONSIBILITIES
If you rent or lease a house, apartment, mobile home or storage space, you are a tenant. In addition to
paying rent, a tenant must repair all damage to the premises caused by his or her ordinary negligence.
The tenant must use ordinary care to preserve the premises in a good and safe condition.
QUIET ENJOYMENT
A tenant has the right to possession and "quiet enjoyment" of the property he or she is renting - that is,
to be free from interference by the landlord or other persons. A landlord may neither lock out a tenant nor interrupt the tenant's utility services, except by court order.
The landlord has the right to make a reasonable inspection, but only with prior notice to the tenant and
at a reasonable time.
HABITABILITY/RIGHT TO REPAIR
A landlord is required to keep rental premises in reasonable repair and fit for human habitation (except
for damage caused by the tenant). This includes maintaining all electrical, plumbing and heating systems
in a good and safe working order. This warranty of habitability cannot be waived
or modified by the parties to the rental agreement. The parties, however, can
agree to hold the tenant responsible for certain repairs instead of rent.
When the landlord fails to repair the tenant's dwelling, the tenant may pursue either of two remedies.
The first is to vacate the premises, in which case the tenant will be discharged from all further
obligations under the lease. The second is to have the tenant make the repairs on his or her own, in
which case the tenant may deduct the expense of the repairs from the rent.
Before the tenant can take either of these measures, he or she must give the landlord notice of the
repairs that are needed, wait a reasonable length of time and act only when the landlord neglects to do
so. This notice to the landlord should always be in writing, should state the repairs that are needed,
and should give a specific reasonable deadline for making the repairs.
LANDLORD RIGHTS & RESPONSIBILITIES
The responsibilities of the landlord are to keep the premises in a safe and habitable condition, and leave
the tenant to the quiet enjoyment of the property. The landlord has the right to the rent money
(provided premises have been kept in good condition) and also the right to the premises, in good
condition, after the rental period is ended. The landlord may also have other rights, as provided by a
written rental agreement. A landlord has certain rights under certain circumstances, including the right
to require a security deposit and the right to evict a tenant.
SECURITY DEPOSITS
Many landlords require a security or damage deposit from the tenant at the start of the rental period.
Before giving a security deposit, the tenant should inspect the premises and prepare a statement as to
its condition. This statement should be signed by both landlord and tenant. This will protect both parties from misunderstandings later about what damage the tenant caused.
A landlord may not require a security deposit in excess of one month's rent unless "special conditions"
exist which "pose danger to maintenance of the premises." An example is requiring extra deposit
money to have a pet on the premises.
When a tenant moves out, the landlord is required either to return the deposit or to provide a written
statement showing the specific reason for his failure to return it. This statement must be furnished within
two weeks after the termination of the tenancy and the landlord's receipt of the tenant's mailing
address or delivery instruction.
The landlord may withhold from the deposit only such amounts as are necessary either to remedy
defaults in the payment of rent or to restore the premises to its condition at the beginning of the tenancy
(ordinary "wear and tear" excepted). If the landlord withholds the deposit, the tenant may also
demand an itemized account of the deposit withheld. This must be provided within forty-five (45) days
of the termination of the tenancy. If the landlord does not follow these rules, he or she forfeits the
deposit.
EVICTION
The only lawful way to evict a tenant is for the landlord to
obtain a court order signed by the circuit court or magistrate
judge. This is obtained in a lawsuit called a "forcible entry and
detainer" action. After giving a three-day notice, a landlord can secure a court order to have a tenant
evicted if:
- The person by force, intimidation, or fraud, goes onto the property of someone else who has
rightful possession and takes over the possession. Or if they entered the property peacefully but
by force, menace, or threat of violence, keeps possession of the property.
- The tenant is in unlawful possession of the landlord's property (by remaining on the property after
the expiration of a rental agreement or failing to pay rent for more than three days after it is due);
- The tenant substantially damages the premises; or
- The tenant does or fails to do something which, under the terms of the lease, is identical to cancellation.
A tenant must be given three (3) days notice to vacate before a forcible entry or detainer action can be
commenced by a landlord. If the tenant refuses to move after three days, the landlord can then file a
lawsuit for eviction.
Information from the South Dakota Office of the Attorney General
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