South Dakota tenants are legally entitled to rental property that meets basic structural, health, and safety standards and is in good repair. If a landlord fails to take care of important maintenance, such as a leaky roof or a broken heater, you have several important legal rights, including:
- the right to withhold rent until repairs are made, and
- the right to “repair and deduct”—that is, to hire a repairperson to fix a serious defect that makes a unit unfit (or buy a replacement part or item and do it yourself) and deduct the cost from your rent.
What Justifies Tenants Paying Less Rent in South Dakota
Before you can withhold rent or use the repair and deduct remedy, make sure that the circumstances justify you paying less rent and that you comply with state legal requirements on things like notice you must provide your landlord. Check South Dakota state law (see resources below) on the following:
- the type of repair and habitability problems that qualify for rent withholding or repair-and-deduct
- the type of notice you must give the landlord and the amount of time the landlord has to fix the problem before you can withhold rent or use the repair and deduct remedy
- the limit on how much rent you may withhold or deduct and how often you can use a particular remedy
- any other conditions that apply before you can withhold or deduct rent, such as a requirement that you pay rent into an escrow account.
South Dakota Guide to Tenant Rights
For an overview of South Dakota landlord-tenant law, including your rights to habitability, see the Landlord-Tenant section of http://atg.sd.gov/LinkClick.aspx?fileticket=dScRCy1J6AQ%3d&tabid=407.
South Dakota State and Local Law on Rent Withholding and Repair-and-Deduct
For state law on rent withholding, see S.D. Codified Laws Ann. § 43-32-9.
For state law on repair and deduct, see S.D. Codified Laws Ann. § 43-32-9.
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 for any city or county rules that cover tenant rights when it comes to repairs. Contact your local building or housing authority. To find yours, call your mayor or city manager’s office or check your city or county website.