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 Dakota law lets you do if they don't.

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 against a lessor who raises rent above fair market value, decreases electric, gas, water or sewer services, or gives a notice to vacate not based on a breach of the lease, after the tenant has given written notice of a condition requiring repair under § 43-32-9. It is a defense that a notice to vacate was given more than 180 days after that notice.

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. The rent-withholding route additionally requires written notice stating the specific reason for the withholding, and written evidence of the deposit must be provided to the lessor when it is made.

Common 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 against a lessor who raises rent above fair market value, decreases electric, gas, water or sewer services, or gives a notice to vacate not based on a breach of the lease, after the tenant has given written notice of a condition requiring repair under § 43-32-9. It is a defense that a notice to vacate was given more than 180 days after that notice.

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.