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Also see our new revised South Dakota State page at
http://rhol.org/rental/SD/South Dakota.asp
The following excerpts and compilation from state law may not reflect some recent amendments.
The best source for current information are the links we provide to state government web sites.
South Dakota Landlord Tenant Law
21-3-6. Treble damages for forcible exclusion from real property.
21-3-7. Double damages for failure of tenant to give up premises after notice of intention.
21-3-8. Double damages for holding over by tenant after expiration of term and notice to quit.
21-16-1. Grounds for maintenance of action.
21-16-2. Notice to quit required before commencement of proceedings
21-16-3. Jurisdiction of courts.
21-16-4. Joinder of actions.
21-16-5. Survival of cause despite death of plaintiff.- Procedurein other actions.
21-16-7. Time allowed for appearance by defendant
21-16-8. Time action brought on for trial - Special venire in jury cases.
21-16-9. Certification to circuit court of title and boundary questions.
21-16-10. Judgment for plaintiff - Elements included.
21-16-11. Attorney fees taxed as costs.
21-16-12. Time of serving execution.
43-8-8. Estate at will - Termination by notice of not less than one month.
43-8-9. Written notice to terminate estate at will required
43-8-10. Estate at will - Termination by notice - Reentry by landlord or possession.
43-8-11. Right of reentry - Reservation in grant or lease
43-8-12. Accrual of right to reenter - Notice of action for possession unnecessary.
43-32-3. Hiring of real property presumed for one year - Exception.
43-32-4. Hiring of lodgings - Length of term - Presumption.
43-32-5. Lease of real property for more than one year - Written contract necessary.
43-32-6.1. Maximum security deposit for residential premises
43-32-13. Modification of lease - Written notice by landlord, effect - Termination by tenant.
43-32-14. Retention of possession by lessee after expiration of hiring
43-32-15. Renewal of hiring of real property presumed unless notice given of termination.
43-32-18. Termination of lease by landlord before end of agreed term - Use of premises by tenant contrary to agreement - Neglect of tenant to make repairs.
43-32-19. Termination of lease by tenant
43-32-20. Assignment of lease by lessee - Breach of agreement - Recovery of possession - Remedies of lessor - Exception - Security for loan.
43-32-22. Termination of lease - Agreed term - Mutual consent
43-32-24. Return of security deposit after termination of tenancy
21-3-6. Treble damages for forcible exclusion from real property.
For forcibly ejecting or excluding a person from the possession of real property, the measure of damages is three times such a sum as would compensate for the detriment caused to him by the act complained of.
21-3-7. Double damages for failure of tenant to give up premises after notice of intention.
For the failure of a tenant to give up the premises held by him, when he has given notice of his intention to do so, the measure of damages is double the rent which he ought otherwise to pay.
21-3-8. Double damages for holding over by tenant after expiration of term and notice to quit.
For willfully holding over real property, by a tenant after the end of his term, and after notice to quit has been duly given, and demand of possession made, the measure of damages is double the yearly value of the property, for the time of withholding, in addition to compensation for the detriment occasioned thereby.
CHAPTER 21-16. FORCIBLE ENTRY AND DETAINER
21-16-1. Grounds for maintenance of action.
An action of forcible entry and detainer, or of detainer only, is maintainable:
(1) If a party has by force, intimidation, fraud, or stealth, entered upon the prior actual possession of real property or the occupied structure of another, and detains the same;
(2) If a party, after entering peaceably upon real property or an occupied structure, turns out by force, threats, or menacing conduct, the party in possession;
(3) If a party by force or by menaces and threats of violence unlawfully holds and keeps the possession of any real property, or occupied structure, whether the same was acquired peaceably or otherwise;
(4) If a lessee in person or by subtenants holds over after the termination of his lease or expiration of his term, or fails to pay his rent for three days after the same shall be due;
(5) If a party continues in possession after a sale of the real property or occupied structure under mortgage, execution, order, or any judicial process, after the expiration of the time fixed by law for redemption, and after the execution and delivery of a deed or instrument of ownership;
(6) If a party continues in possession after a judgment in partition, or after a sale under an order or decree of a circuit court;
(7) If a lessee commits waste upon the leased premises, or does or fails to perform any act which, under the terms of the lease operates to terminate the same. The term, occupied structure, used in this chapter is defined in subdivision 22-1-2 (28).
21-16-2. Notice to quit required before commencement of proceedings - Service and return.
In all cases arising under subdivisions 21-16-1 (4), (5) and (6), three days' written notice to quit must be given to the lessee, subtenant, or party in possession, before proceedings can be instituted, and may be served and returned in like manner as a summons is served and returned. On the second service attempt, at least six hours after the previous service attempt, the notice to quit may be posted in a conspicuous place on the property, and also delivered to a person there residing, if such person can be found; and also sent by first class mail addressed to the tenant at the place where the property is situated.
21-16-3. Jurisdiction of courts.
Any circuit court or magistrate court presided over by a magistrate judge has jurisdiction in any case of forcible entry and detainer, or of detainer only, of real property or an occupied structure within its county.
21-16-4. Joinder of actions.
An action under the provisions of this chapter cannot be brought in connection with any other except for rents and profits or damages but the plaintiff may bring separate actions for the same if he so desire.
21-16-5. Survival of cause despite death of plaintiff.
The legal representative of a person who might have been plaintiff, if alive, may bring an action under this chapter after his death.
21-16-6. Verified complaint required - Service with summons - Procedure as in other actions.
The complaint must be in writing and verified by the plaintiff or his agent or signed by his attorney, and served with a summons, and the procedure, except as otherwise provided, shall be the same as in other actions in the court where the action is pending.
21-16-7. Time allowed for appearance by defendant - Undertaking required for adjournment.
The time for appearance and pleading shall be four days from the time of service on the defendant, and no adjournment or continuance shall be made for more than five days, unless the defendant applying therefor shall give an undertaking to the plaintiff with good and sufficient surety to be approved by the court, conditioned for the payment of the rent that may accrue, together with costs if judgment be rendered against the defendant.
21-16-8. Time action brought on for trial - Special venire in jury cases.
An action under this chapter may be brought on for trial upon two days' notice after issue is joined. If a jury trial be demanded and no jury is in attendance on the day the action is noticed for trial, the court shall cause a special venire to issue as in cases where extra jurors are required, and proceed to impanel a jury and try the action as in other civil cases.
21-16-9. Certification to circuit court of title and boundary questions raised in magistrate court.
If the title to or boundary of the real property or the title to an occupied structure in any wise comes in question, in magistrate court, the case shall be certified to the circuit court as provided by rule of the Supreme Court.
21-16-10. Judgment for plaintiff - Elements included.
If the finding of the court or the verdict of the jury be in favor of the plaintiff, the judgment shall be for the delivery of possession to the plaintiff, and for rents and profits or damages, where the same are claimed in the complaint, and for costs.
21-16-11. Attorney fees taxed as costs.
In all cases of forcible entry and detainer, or detainer only, the court shall tax as a part of the costs in the case, to the prevailing party, five dollars as attorney fees, whether a trial is had or not, whenever an attorney who is licensed by the Supreme Court of this state shall have appeared in such action in behalf of such prevailing party.
21-16-12. Time of serving execution.
No execution for possession can be served except in the daytime.
43-8-8. Estate at will - Termination by notice of not less than one month.
A tenancy or other estate at will, however created, may be terminated by the landlord's giving notice to the tenant in the manner prescribed by 43-8-9 to remove from the premises within a period, specified in the notice, of not less than one month.
43-8-9. Written notice to terminate estate at will required - Manner of delivery - Posting on premises.
The notice prescribed by 43-8-8 must be in writing, and must be served by delivering the same to the tenant, or to some person of discretion residing on the premises; or if neither can, with reasonable diligence, be found, the notice may be served by affixing it on a conspicuous part of the premises, where it may be conveniently read.
43-8-10. Estate at will - Termination by notice - Reentry by landlord or action for possession.
After the notice prescribed by 43-8-8 and 43-8-9 has been served in the manner therein directed, and the period specified by such notice has expired, but not before, the landlord may reenter or proceed according to law to recover possession.
43-8-11. Right of reentry - Reservation in grant or lease - Three days' previous written notice sufficient.
Whenever the right of reentry is given to a grantor or lessor in any grant or lease, or otherwise, such reentry may be made any time after the right has accrued, upon three days' previous written notice of intention to reenter, served in the mode prescribed by 43-8-9.
43-8-12. Accrual of right to reenter - Notice of action for possession unnecessary.
An action for the possession of real property leased or granted, with a right of reentry, may be maintained at any time after the right to reenter has accrued, without the notice prescribed in 43-8-11.
43-32-3. Hiring of real property presumed for one year - Exception.
A hiring of real property, other than lodgings in places where there is no usage on the subject, is presumed to be for one year from its commencement unless otherwise expressed in the hiring.
43-32-4. Hiring of lodgings - Length of term - Presumption.
A hiring of lodgings for an unspecified term is presumed to have been made for such length of time as the parties adopt for the estimation of the rent. Thus a hiring at a weekly rate of rent is presumed to be for one week. In the absence of any agreement respecting the length of time of the rent, the hiring is presumed to be monthly.
43-32-5. Lease of real property for more than one year - Written contract necessary.
No agreement for the leasing of real property or an interest therein for a longer period than one year is valid unless the same, or some note or memorandum thereof, be in writing, signed by the lessor or his agent thereunto authorized in writing.
43-32-6.1. Maximum security deposit for residential premises - Larger deposit by mutual agreement.
Any deposit of money, the function of which is to secure the performance of a residential rental agreement or any part of such an agreement, shall be deemed to be a security deposit. A lessor of residential premises may not demand or receive a security deposit, however denominated, in an amount or value in excess of one month's rent except that a larger deposit may be agreed upon between the lessor and lessee where special conditions pose a danger to maintenance of the premises.
43-32-13. Modification of lease - Written notice by landlord, effect - Termination by tenant.
In all leases of lands or tenements or of any interest therein from month to month the landlord may, upon giving notice in writing at least thirty days before the expiration of the month, modify the terms of the lease to take effect at the expiration of the month. The notice, when served upon the tenant, shall of itself operate and be effectual to create and establish as a part of the lease the terms, rent, and conditions specified in the notice, if the tenant shall continue to hold the premises after the expiration of the month. The tenant may terminate his lease effective the first day of the next month by providing notice of termination to the landlord within fifteen days of receipt by the tenant of the notice of modification.
43-32-14. Retention of possession by lessee after expiration of hiring - Acceptance of rent by lessor - Renewal of hiring - Terms.
If a lessee of real property remains in possession thereof after the expiration of the hiring and the lessor accepts rent from him, the parties are presumed to have renewed the hiring on the same terms and for the same time, not exceeding one year.
43-32-15. Renewal of hiring of real property presumed unless notice given of termination.
A hiring of real property for a term not specified by the parties is deemed to be renewed as stated in 43-32-14 at the end of the term implied by law unless one of the parties gives notice to the other of his intention to terminate the same at least as long before the expiration thereof as the term of the hiring itself, not exceeding one month.
43-32-18. Termination of lease by landlord before end of agreed term - Use of premises by tenant contrary to agreement - Neglect of tenant to make repairs.
A landlord may terminate a lease and reclaim the premises before the end of the agreed term:
(1) When the tenant uses or permits a use of the premises in a manner contrary to the lease agreement; or
(2) When the tenant does not within a reasonable time after request make such repairs as he may be bound to make.
43-32-19. Termination of lease by tenant - Neglect of landlord to place tenant in quiet possession of premises - Neglect to keep premises in good condition - Destruction of premises.
A tenant may terminate a lease before the end of the term:
(1) When the landlord does not within a reasonable time after request fulfill his obligations, if any, as to placing and securing the tenant in quiet possession of the premises or putting the premises into good condition or repairing the same; or
(2) When the greater part of the leased premises or that part which was, and which the landlord had at the time of leasing, reason to believe was the material inducement to the tenant to enter into the contract, is destroyed, from any other cause than the ordinary negligence of the tenant.
43-32-20. Assignment of lease by lessee - Breach of agreement - Recovery of possession - Remedies of lessor - Exception - Security for loan.
Whatever remedies the lessor of any real property has against his immediate lessee for the breach of any agreement in the lease or for recovery of the possession, he has against the assignees of the lessee for any cause of action accruing while they are such assignees, except where the assignment is made by way of security for a loan and is not accompanied by possession of the premises.
43-32-22. Termination of lease - Agreed term - Mutual consent - Acquisition of superior title by tenant.
A lease is terminated:
(1) By the expiration of the agreed term;
(2) By the mutual consent of the parties;
(3) By the tenant acquiring a title to the leased premises superior to that of the landlord.
43-32-24. Return of security deposit after termination of tenancy - Withholding - Itemized accounting - Forfeiture of withholding rights - Punitive damages.
Every lessor of residential premises shall, within two weeks after the termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the security deposit to the tenant, or furnish to the tenant, a written statement showing the specific reason for the withholding of the deposit or any portion thereof. The lessor may withhold from such deposit only such amounts as are reasonably necessary to remedy tenant defaults in the payment of rent or of other funds due to the landlord pursuant to an agreement or to restore the premises to their condition at the commencement of the tenancy, ordinary wear and tear excepted. Within forty-five days after termination of the tenancy, upon request of the lessee, the lessor shall provide the lessee with an itemized accounting of any deposit withheld.
Any lessor of residential premises who fails to comply with this section shall forfeit all rights to withhold any portion of such deposit.
The bad faith retention of a deposit or any portion of a deposit by a lessor of residential premises in violation of this section, including failure to provide the written statement and itemized accounting required by this section, shall subject the lessor to punitive damages not to exceed two hundred dollars.
Source: SL 1976, ch 267, 3; 1984, ch 281, 1.
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