How to become a landlord in South Dakota

A landlord who actually knows that methamphetamine was manufactured on the premises must disclose it to the tenant or anyone who may become a tenant. In a building with two or more units, the duty applies only to the unit where the landlord knows it happened (SDCL § 43-32-30).

• No other disclosure section appears in the landlord and tenant chapter. Federal rules, such as the lead-based paint disclosure for older housing, were not read for this page (SDCL ch. 43-32).

South Dakota's landlord and tenant chapter does not require a landlord to disclose the owner's or manager's name and address to the tenant (SDCL ch. 43-32).

• A tenant's attornment to a stranger is void without the landlord's consent or a court judgment (SDCL § 43-32-17).

South Dakota's landlord and tenant chapter does not require a flood disclosure to tenants (SDCL ch. 43-32).

• The only disclosure the chapter requires is the methamphetamine disclosure (SDCL § 43-32-30).See Required disclosures on the South Dakota page

No section of South Dakota's landlord and tenant chapter mentions smoke alarms. Fire and building codes, which may, were not read for this page (SDCL ch. 43-32).

• The general duty to keep the home fit and in good and safe working order still applies (SDCL § 43-32-8).See Repairs and habitability on the South Dakota page

South Dakota's landlord and tenant chapter has no rule on locks, rekeying or security devices (SDCL ch. 43-32).

• Unlawfully removing or excluding a tenant carries the two months' rent remedy (SDCL § 43-32-6).See Lockouts and utility shutoffs on the South Dakota page

A residential security deposit may not be more than one month's rent. Any money whose purpose is to secure the tenant's performance under the rental agreement counts as a security deposit, whatever it is called (SDCL § 43-32-6.1).

• A larger deposit is allowed only if landlord and tenant agree to it where special conditions pose a danger to maintenance of the premises (SDCL § 43-32-6.1).

South Dakota's landlord and tenant chapter does not require a separate deposit account or interest on a residential deposit (SDCL ch. 43-32).

• The tenant's protection is the return deadline and the forfeiture rule for a landlord who does not comply (SDCL § 43-32-24).See Deposit return on the South Dakota page

The landlord and tenant chapter does not require a move-in checklist or condition report. Deductions are measured against the home's condition at the start of the tenancy, so a dated record of that condition is your evidence (SDCL ch. 43-32; SDCL § 43-32-24).

• The tenant must keep the home, appliances and other leased property in good condition and repair damage caused by the tenant's negligent, willful or malicious conduct or that of people under the tenant's control (SDCL § 43-32-10).

South Dakota's landlord and tenant chapter does not limit or regulate application or screening fees (SDCL ch. 43-32).

• If an applicant asks for a disability accommodation involving an assistance animal, see the documentation rules under fair housing (SDCL § 43-32-34).See Fair housing on the South Dakota page