South Dakota has limited tenant protections with a basic landlord-tenant statute. Security deposits are capped at one month's rent and must be returned within 14 days. There is no source of income protection or rent control.
Key Tenant Protections at a Glance
Quick Reference: South Dakota (SD)
- Source of income protection: No
- Rent control: No
- Security deposit limit: 1 month rent (2 months if special conditions)
- Security deposit return deadline: 14 days
- Eviction notice (nonpayment): 3 days (nonpayment), 30 days for other causes
- Notice to end month-to-month: 30 days (month-to-month), 15 days (less than month-to-month)
Source of Income Protection
No statewide protection — landlords may legally refuse Section 8 vouchers and other assistance. Check for local protections in your city or county.
Source of income protection means landlords cannot refuse to rent to you because you pay with a housing voucher (Section 8), SSI, SSDI, veterans benefits, child support, alimony, TANF, or other lawful income. Without this protection, landlords can legally refuse housing vouchers. Some cities and counties in South Dakota may have local protections — check with your local fair housing agency.
Rent Control
No — there are no statewide rent control or rent stabilization laws.
Security Deposits
Maximum deposit: 1 month rent (2 months if special conditions). Your landlord must return your security deposit within 14 days after you move out. Deductions can only be made for actual damage beyond normal wear and tear, and your landlord must provide an itemized list of deductions. If your landlord fails to return your deposit or provide an itemized list, you may be entitled to recover the full deposit plus penalties in court.
Eviction Process
In South Dakota, landlords must follow legal procedures to evict a tenant. Self-help evictions — changing locks, shutting off utilities, or removing belongings — are illegal. Here's what to expect:
- Nonpayment of rent: 3 days (nonpayment), 30 days for other causes written notice required before filing in court.
- Ending month-to-month tenancy: 30 days (month-to-month), 15 days (less than month-to-month) written notice required.
- Court process: After notice expires, the landlord must file in court. You will receive a court summons and have the right to appear, present your defense, and contest the eviction.
If you receive an eviction notice, do not ignore it. Contact legal aid immediately for help understanding your rights and options.
Where to Get Help in South Dakota
Free legal aid: East River Legal Services / Dakota Plains Legal Services provides free legal assistance to low-income residents facing housing issues, including eviction defense, habitability complaints, and discrimination claims.
Housing finance agency: South Dakota Housing Development Authority administers state housing programs including Low-Income Housing Tax Credit (LIHTC) properties, homebuyer assistance, and rental programs.
Find your local Public Housing Authority (PHA): PHAs administer Section 8 vouchers and public housing in your area. Use HUD's PHA contact directory to find yours. You can also see our guide on how to find your PHA.
211 Helpline: Dial 2-1-1 or visit 211.org to connect with local housing assistance, emergency shelters, utility help, and social services in South Dakota.
HUD Fair Housing: If you've experienced housing discrimination, file a complaint with HUD's Office of Fair Housing or call 1-800-669-9777.