South Dakota Housing Resources & Tenant Rights

South Dakota is not a Uniform Act state — its landlord-tenant rules sit in scattered sections of the South Dakota Codified Laws (Title 43, Chapter 32). It is one of the most landlord-friendly states, and SB 90 (2024) removed the required notice to quit for nonpayment as of July 1, 2024, so a landlord can file once rent is three days late unless the lease says otherwise. Deposits are capped at one month’s rent (SDCL 43-32-6.1), there is no rent control (banned by SDCL 6-1-13), and Section 8 is run by local housing and redevelopment commissions, not the state. This page covers the authorities to apply to, the tenant-law framework, and where to get help.

Major South Dakota public housing authorities

South Dakota has no big-city housing authority. Instead, Section 8 vouchers and public housing come from about 35 small municipal and county housing and redevelopment commissions, plus tribal authorities. South Dakota Housing (the state finance agency) is only the contract administrator for certain project-based Section 8 buildings — it does not run tenant-based vouchers. The largest local commissions are:

• Sioux Falls Housing and Redevelopment Commission — PHA SD016, 605-332-0704; its Section 8 waitlist reopened in March 2025, but status changes often, so verify at siouxfallshousing.org
• Pennington County Housing and Redevelopment Commission — serves the Rapid City area (there is no separate Rapid City authority), PHA SD045, 605-394-5350
• Aberdeen Housing and Redevelopment Commission — PHA SD034, 605-226-2321
• Other sizable commissions serve Pierre, Watertown, Huron, and Mitchell

Use HUD’s PHA directory and read how to find your PHA. For tax-credit apartments, search HUD’s LIHTC database.

South Dakota Housing & state programs

South Dakota Housing (605-773-3181 or 800-540-4241, sdhousing.org) is the state housing finance agency. It funds affordable development through Low-Income Housing Tax Credits, HOME, the Housing Opportunity Fund, the Housing Trust Fund, and Section 811, and runs a Security Deposit Assistance Program (for households at or below 60% of area median income) through the Helpline Center — useful when you have found a unit but cannot cover the deposit. It does not administer tenant-based Housing Choice Vouchers.

Emergency rent & utility help in South Dakota

• Security Deposit Assistance Program — through South Dakota Housing and the Helpline Center, capped at about one month’s rent
• LIHEAP — the SD Department of Social Services Office of Energy Assistance (1-800-233-8503) helps with heating; see utility assistance programs
• Community Action agencies — Inter-Lakes CAP, Western SD CAP (Rapid City), and NESD CAP provide emergency rent and utility help; dial 211 for the current list and emergency rental assistance

South Dakota tenant law: key protections at a glance

Security deposits

South Dakota caps the deposit at one month’s rent (SDCL 43-32-6.1), with more allowed only if special conditions pose a danger to the unit and both sides agree. After you move out and give a mailing address, the landlord has 14 days to return the deposit or a written reason for withholding, and must provide an itemized accounting within 45 days if you ask (SDCL 43-32-24). Bad-faith retention can add punitive damages up to $200. Read how to recover your security deposit.

Eviction process & how long it takes

South Dakota’s eviction rules changed in 2024. Under SB 90, the state repealed the old 3-day notice to quit (SDCL 21-16-2), so for nonpayment a landlord can file a forcible-entry-and-detainer action once rent is at least three days late — unless your lease promises notice. You then receive a summons and have 5 days to answer (SDCL 21-16-7); a hearing and writ follow. From filing to lockout typically runs two to four weeks. Because there may be no warning, contact East River Legal Services (605-336-9230) or Dakota Plains Legal Services the moment you fall behind, and read how to avoid eviction.

Tribal & veteran housing in South Dakota

• Tribal housing — nine tribal housing authorities operate on South Dakota reservations, and the need is among the highest in the nation: Oglala Lakota Housing on Pine Ridge, Cheyenne River Housing Authority (650-plus families), and the Rosebud Sioux Tribe’s Sicangu Wicoti Awanyakapi all serve communities with severe overcrowding
• HUD-VASH (veterans) — a voucher paired with VA case management; see how to apply for HUD-VASH
• Coordinated Entry — reach rapid re-housing through 211; our eviction prevention hub explains what to do before a court date

Nearby states

Comparing states or planning a move? South Dakota’s neighbors handle notice and deposits differently:

• North Dakota tenant rights
• Nebraska tenant rights — a 7-day nonpayment notice and stronger lockout remedies
• Iowa tenant rights — a two-month deposit cap and a 3-day notice
• Montana tenant rights — the state runs Section 8 directly
• Wyoming tenant rights

Where to get help in South Dakota

Tenant help & legal aid: East River Legal Services (605-336-9230) covers eastern South Dakota; Dakota Plains Legal Services (605-856-4444 or 1-800-658-2297) covers central and western South Dakota and nine tribal nations.

Discrimination complaints: the South Dakota Division of Human Rights (605-773-3681) administers the state Human Relations Act; because it is not a HUD-certified agency, complaints are often filed with HUD (1-800-669-9777).

Vouchers & local PHAs: apply to your city or county housing and redevelopment commission through the HUD PHA directory.

211 helpline: dial 2-1-1 for rent, utility, and shelter help statewide.

Next Steps

Not sure where to start? Our Where to Start tool maps South Dakota programs to your situation in about two minutes.

If you are behind on rent, note that since SB 90 you may not get a warning notice — call East River Legal Services (605-336-9230) right away and read eviction prevention.