South Dakota State Laws Prohibiting Landlord Retaliation

Learn what types of landlord retaliation are illegal in South Dakota.

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South Dakota state law (S.D. Cod. Laws Ann. §§ 43-32-27, 43-32-28) prohibits landlords from retaliating against tenants.

Tenant Rights Protected Against Landlord Retaliation in South Dakota

It is illegal for a landlord to retaliate against a tenant in South Dakota who has exercised a legal right, including:

  • complaining to the landlord about unsafe or illegal living conditions
  • complaining to a government agency, such as a building or health inspector, about unsafe or illegal living conditions, or
  • assembling and presenting your views collectively—for example, by joining or organizing a tenant union.

Types of Retaliation That Are Against State Law

The kinds of retaliatory acts covered by South Dakota law include terminating a tenancy or filing an eviction lawsuit; increasing the rent; or decreasing services, such as locking the laundry room. South Dakota state law presumes retaliation if the landlord acts in these types of negative ways within 180 days of the date that a tenant has exercised a legal right.

For advice on how to respond to—and prove—retaliation, see the article Landlord Retaliation.

South Dakota Guide to Tenant Rights

For an overview of tenant rights under South Dakota landlord-tenant law, and resources for filing complaints, see http://atg.sd.gov/LinkClick.aspx?fileticket=dScRCy1J6AQ%3d&tabid=407.

South Dakota State and Local Law on Landlord Retaliation

For state law on landlord retaliation, see S.D. Cod. Laws Ann. §§ 43-32-27, 43-32-28.

See the Laws and Legal Research section of Nolo for advice on finding and reading statutes and court decisions.

Also, check your local housing ordinances, particularly if you are covered by rent control, for any city or county rules that protect tenants from landlord retaliation. To find yours, call your mayor or city manager’s office or check your city or county website.

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