South Dakota Termination for Nonpayment of Rent and Other Rent Rules
Learn South Dakota rent rules, including notice landlords must give tenants to raise the rent or end the tenancy for nonpayment of rent.
Your lease or rental agreement should spell out your landlord’s key rent rules, including:
- the amount of rent (there are no limits to how much a landlord can charge in South Dakota since there are no communities with rent control in the state)
- where rent is due (such as by mail to the landlord’s business address)
- when rent is due (including what happens if the rent due date falls on a weekend date or holiday)
- how rent should be paid (usually check, money order, cash, and/or credit card)
- the amount of notice landlords must provide to increase rent
- the amount of any extra fee if your rent check bounces, and
- the consequences of paying rent late, including late fees and termination of the tenancy.
State laws in South Dakota cover several of these rent-related issues, including the amount of notice a landlord must provide to increase rent under a month-to-month tenancy, and how much time a tenant has to pay rent or move before a landlord can file for eviction.
South Dakota Rules on Late Fees
Rent is legally due on the date specified in your lease or rental agreement (usually the first of the month). If you don’t pay rent when it is due, the landlord may begin charging you a late fee. South Dakota state law does not cover late rent fees. If your lease or rental agreement does not say anything about late fees, your landlord may not impose one, no matter how reasonable it is.
Amount of Notice South Dakota Landlords Must Give Tenants to Increase Rent
South Dakota landlords must give tenants at least one month’s notice (in writing) to increase rent or change another term of a month-to-month rental agreement. If you have a long-term lease, however, landlords may not increase the rent until the lease ends and a new tenancy begins—unless the lease itself provides for an increase.
Rent Increases as Retaliation or Discrimination
South Dakota landlords may not raise the rent in a discriminatory manner—for example, only for members of a certain race. Also, South Dakota landlords may not use a rent increase in retaliation against you for exercising a legal right—for example, in response to your legitimate complaint to a local housing agency about a broken heater.
South Dakota State Laws on Termination for Nonpayment of Rent
States set specific rules and procedures for ending a tenancy when a tenant has not paid the rent. South Dakota landlords must give tenants at least three days in which to pay the rent or move, and landord can terminate with an Unconditional Quit notice.
South Dakota Guide to Tenant Rights
For an overview of tenant rights when it comes to paying rent under South Dakota landlord-tenant law, see http://atg.sd.gov/LinkClick.aspx?fileticket=dScRCy1J6AQ%3d&tabid=407.
South Dakota State Laws on Termination for Nonpayment of Rent and Other Rent-Related Issues
For state rent rules and procedures on issues such as raising rent, see S.D. Codified Laws Ann. §§ 43-32-13 and 43-8-8.
For South Dakota laws on termination for nonpayment of rent, see S.D. Codified Laws Ann. § 21-16-1(4) and 21-16-2.
See the Laws and Legal Research section of Nolo for advice on finding and reading statutes and court decisions.