South Dakota landlord repair laws
What your landlord is required to fix, how long they have once you put it in writing, and what South Dakotalaw lets you do if they don't.
The deadline
A reasonable time after written notice
Under SDCL § 43-32-9, you have a reasonable time after this notice to make the repairs. South Dakota sets no fixed number of days, so I am allowing a reasonable period from your receipt of this letter.
SDCL § 43-32-8 · SDCL § 43-32-9
What your landlord must maintain
Under SDCL § 43-32-8, a landlord must keep the premises and all common areas in reasonable repair and fit for human habitation and in good and safe working order, and maintain in good and safe working order all electrical, plumbing and heating systems — requirements the parties may not waive.
Conditions the statute covers
- ✓No working heat
- ✓No running water
- ✓No hot water
- ✓Electrical system not working or unsafe
- ✓Plumbing not in working order
- ✓Sewage backup or unsanitary conditions
- ✓Air conditioning not working (where supplied)
- ✓Supplied appliances not working — stove, refrigerator
- ✓Unsafe floors, stairs, railings, ceiling, or roof
- ✓Roof, window, or plumbing leak causing damage
- ✓Mold growth
- ✓Rodent or insect infestation
- ✓Common areas unsafe or unsanitary
- ✓No garbage receptacles or removal
- ✓Broken exterior door, window, or lock
- ✓Building or housing code violation
What you can do about it
Once written notice has been given and the statutory period has passed, you may repair the premises and deduct the expense from rent or otherwise recover it, vacate the premises and be discharged from further rent, and — where the cost of necessary repairs exceeds one month's rent — withhold rent and deposit it in a separate account maintained for making the repairs, all under SDCL § 43-32-9.
Repair-and-deduct limit: SDCL § 43-32-9 sets no dollar or rent-fraction cap, though the repairs must be necessary and the amount reasonable.
Retaliation is illegal
SDCL § 43-32-27 gives a tenant a cause of action where the landlord raises rent above fair market value, decreases services or gives notice to vacate after receiving written notice of a condition requiring repair under § 43-32-9, with the remedies of § 43-32-6 including two months' rent and the court's discretion to award reasonable attorney's fees.
Limits and exceptions
South Dakota's retaliation protection is triggered specifically by a WRITTEN repair notice under § 43-32-9 — a phone call does not qualify.
Put it in writing — the way the statute expects
We'll write your notice citing SDCL § 43-32-8, the deadline it gives your landlord, and what happens if they miss it. Free to generate and download. If you want it sent USPS Certified Mail with tracking, we do that too.
Write my South Dakota repair noticeCommon questions
- How long does a landlord have to make repairs in South Dakota?
- Under SDCL § 43-32-9, you have a reasonable time after this notice to make the repairs. South Dakota sets no fixed number of days, so I am allowing a reasonable period from your receipt of this letter.
- Can I withhold rent or repair it myself in South Dakota?
- South Dakota allows repair-and-deduct within limits: SDCL § 43-32-9 sets no dollar or rent-fraction cap, though the repairs must be necessary and the amount reasonable. You must give written notice first, and the statutory waiting period must pass before you act.
- Can my landlord retaliate if I ask for repairs in South Dakota?
- SDCL § 43-32-27 gives a tenant a cause of action where the landlord raises rent above fair market value, decreases services or gives notice to vacate after receiving written notice of a condition requiring repair under § 43-32-9, with the remedies of § 43-32-6 including two months' rent and the court's discretion to award reasonable attorney's fees.
- Do I have to put a repair request in writing in South Dakota?
- Yes — and it is the single most important step. Under SDCL § 43-32-9, the landlord's obligations and your remedies run from written notice. A text message or a phone call generally leaves you arguing about whether and when your landlord was told.
Moving out of this South Dakota rental?
South Dakota gives your landlord 21 days to return your security deposit under S.D. Codified Laws § 43-32-24. See the deposit rules →
Verified against South Dakota's published statute text on August 11, 2026 — read the statute yourself. General information, not legal advice. We are not a law firm.