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Landlord Retaliation Laws in South Dakota

South Dakota gives tenants a claim when a landlord raises rent above fair market value, cuts utilities or gives notice to vacate after a code complaint, a written repair notice or joining a tenant union; there is no presumption, and notice given more than 180 days later is a defense.

Last checked . General information, not legal advice.

South Dakota at a glance

Retaliation banned by statute
Yes
Failure to renew a written lease is not retaliation.
Presumption period
No presumption period
No presumption. It is a defense that the notice to vacate came more than 180 days after the protected event.
Protected tenant actions
Code complaints, written repair notices, tenant unions
Code complaints must be made in good faith to an agency, and the landlord must have received written notice of the agency complaint.

Sources

Last checked

The rules in South Dakota

Does South Dakota law prohibit landlord retaliation against tenants?

Yes. Retaliation banned by statute in South Dakota: yes. Failure to renew a written lease is not retaliation.

How long after a tenant complaint is retaliation presumed in South Dakota?

Presumption period in South Dakota: No presumption period. No presumption. It is a defense that the notice to vacate came more than 180 days after the protected event.

Which tenant actions are protected from retaliation in South Dakota?

Protected tenant actions in South Dakota: Code complaints, written repair notices, tenant unions. Code complaints must be made in good faith to an agency, and the landlord must have received written notice of the agency complaint.

Where do the South Dakota landlord retaliation laws come from?

The rules above come from SDCL 43-32-27. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Keep a written record of every complaint, repair request and report to a government agency, with dates. A presumption period usually runs from the date of the protected action, so proof of that date can matter.

Retaliation protection does not usually excuse unpaid rent or lease violations. Statutes commonly allow a landlord to raise rent, end a tenancy or evict for a good-faith reason, such as nonpayment, damage to the unit or a rent increase applied to all tenants.

If a rent increase, service cut or eviction notice follows a complaint, read the statute for your state and any local ordinance. Cities and counties may add protections, and a local legal aid office or tenant union can explain how they apply.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.