As of March 2025, South Dakota’s rent increase laws remain relatively landlord-friendly, with few restrictions on how much landlords can raise rent. Here’s what tenants in South Dakota should know:
No Statewide Rent Control
South Dakota does not have any statewide rent control laws limiting how much landlords can raise rents. This means landlords have significant flexibility in setting and increasing rent prices.
Notice Requirements
While there are no caps on rent increases, landlords must provide proper notice before raising rent:
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For month-to-month tenancies, landlords must give at least 30 days’ written notice before implementing a rent increase.
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For fixed-term leases, rent increases are typically only allowed at the end of the lease term, unless the lease specifically permits mid-lease increases.
Lease Agreements
The terms of the lease agreement are crucial:
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During a fixed-term lease, rent cannot be increased unless the lease specifically allows for it.
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Once a lease expires, landlords can propose new terms, including rent increases, for lease renewal.
Tenant Rights
Although South Dakota law favors landlords, tenants still have some protections:
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Rent increases cannot be retaliatory or discriminatory.
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If a landlord fails to provide proper notice, tenants can refuse to pay the increased amount until adequate notice is given.
Local Ordinances
While rare, some cities or counties in South Dakota may have their own rent control ordinances. Tenants should check for any local regulations that might offer additional protections.
Negotiation and Response
When faced with a rent increase, tenants can:
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Negotiate with the landlord for a lower increase.
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Choose to accept the new rent.
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Decide to move out if the increase is unaffordable.
For month-to-month tenancies, if a tenant doesn’t want to accept the rent increase, they can give notice to move out.
While South Dakota’s laws offer landlords significant latitude in raising rents, tenants should carefully review their lease agreements and ensure they receive proper notice for any increases. If in doubt about the legality of a rent increase, tenants may want to seek legal advice.
Source
1. https://www.steadily.com/blog/how-much-can-a-landlord-raise-rent-in-south-dakota
2. https://consumer.sd.gov/fastfacts/landlordtenant.aspx
3. https://www.hemlane.com/resources/south-dakota-rent-control-laws/
4. https://www.nolo.com/legal-encyclopedia/overview-landlord-tenant-laws-south-dakota.html
5. https://www.steadily.com/blog/mid-term-rental-laws-regulations-south-dakota
