What do South Dakota landlord tenant laws say about repairs and entry?

South Dakota landlord tenant notice hours, day counts and deposit limit, with sources

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What repairs is a landlord responsible for in South Dakota?

Section 43-32-8 of the South Dakota Codified Laws, read 2026-10-30 on sdlegislature.gov, puts the repair duty on the lessor in every hiring of residential premises, whether in writing or parol, except disrepair caused by the negligent, willful or malicious conduct of the lessee or a person under his direction or control: “In every hiring of residential premises, whether in writing or parol, the lessor shall keep the premises and all common areas in reasonable repair and fit for human habitation and in good and safe working order during the term of the lease except when the disrepair has been caused by the negligent, willful or malicious conduct of the lessee or a person under his direction or control. The lessor shall maintain in good and safe working order and condition all electrical, plumbing, or heating systems of the premises, except when the disrepair has been caused by the negligent, willful or malicious conduct of the lessee or a person under his direction or control.” (South Dakota Codified Laws 43-32-8)

The same section says the parties to a lease or hiring of residential premises may not waive or modify those requirements; the one opening it leaves is that the lessor may agree with the lessee that the lessee shall perform specified repairs or maintenance in lieu of rent. Its closing paragraph makes the section an addition to any covenants or conditions imposed by law or ordinance or by the terms of the lease.

For a heating, plumbing or electrical repair in a South Dakota rental, a landlord can post the job on InstaBids with photos and compare written bids.

How long does a landlord have to make repairs in South Dakota?

Section 43-32-9, read 2026-10-30, sets no day count for a repair: its measure is a reasonable time after notice to the lessor, and when the lessor neglects within that time a repair it ought to make, the lessee has these routes: “If within a reasonable time after notice to the lessor of conditions requiring repair to make the premises fit for human habitation and to place the same in good and safe working order which the lessor ought to repair he neglects to do so, the lessee may repair the same himself and deduct the expense of such repairs from the rent, or otherwise recover it from the lessor; or the lessee may vacate the premises, in which case he shall be discharged from additional charges of rent or performance of other conditions.” (South Dakota Codified Laws 43-32-9)

Once a tenant reports a repair, a landlord can post that job on InstaBids and line up written bids to choose a contractor for the work.

How much notice does a landlord have to give before entering in South Dakota?

Section 43-32-32, read 2026-10-30, presumes twenty-four hours written notice to be a reasonable notice, except in case of an emergency or if it is impracticable to do so, and lets the lease set other methods or times that are mutually agreed upon: “Except in case of an emergency or if it is impracticable to do so, a landlord or landlord's agent shall give the tenant reasonable notice of the landlord's intent to enter and enter only at reasonable times. Twenty-four hours written notice is presumed to be a reasonable notice unless alternate methods of notification or times for entry are mutually agreed upon between the landlord and tenant in the lease.” (South Dakota Codified Laws 43-32-32)

The same section lists what that notice carries, with entry during normal business hours: “The notice shall specify date or dates of entry, a period of time during normal business hours for entry, and the purpose of intended entry. The notice shall also specify a means for which the tenant may request to reschedule the entry.” (South Dakota Codified Laws 43-32-32)

When a repair needs entry to an occupied unit, a landlord can post it on InstaBids first and pick a contractor before setting a time to enter.

When can a tenant end a lease over repairs in South Dakota?

Under 43-32-19(1), read 2026-10-30, a tenant may terminate a lease before the end of the term if the landlord does not, within a reasonable time after written request, fulfill obligations, if any, as to quiet possession, putting the premises into good condition or repairing the same: “A tenant may terminate a lease before the end of the term if: (1) The landlord does not, within a reasonable time after written request, fulfill obligations, if any, as to placing and securing the tenant in quiet possession of the premises or putting the premises into good condition or repairing the same;” (South Dakota Codified Laws 43-32-19)

Outside a repair dispute, under 43-32-13 the landlord in a lease from month to month may, upon giving notice in writing at least thirty days before the expiration of the month, modify the terms of the lease; the tenant may then terminate effective the first day of the next month by notice of termination within fifteen days of receipt of the notice of modification.

If a tenant's notice names a broken appliance or fixture, the landlord can post that repair on InstaBids and compare the written bids that come in.

When can a tenant withhold rent over repairs in South Dakota?

Section 43-32-9, read 2026-10-30, ties rent withholding to the cost of the repair and to a written notice stating the specific reason: “If the cost of necessary repairs exceeds one month's rent, after written notice stating the specific reason for the withholding, the lessee may withhold payment of rent and immediately deposit it in a separate bank or savings and loan account, written evidence of such action to be provided to the lessor upon deposit, maintained only for the purpose of making repairs until such time as the lessor makes the repairs, at which time the lessee shall release the deposit to the lessor or until sufficient money is accumulated in the account for the lessee to cause the repairs to be made and paid for.” (South Dakota Codified Laws 43-32-9)

For a disputed repair, such as a leaking roof or a dead furnace, a South Dakota landlord can post the work on InstaBids and compare written bids.

Who does South Dakota landlord tenant law cover?

Chapter 43-32 of the South Dakota Codified Laws, Lease of real property, opens with its definition in 43-32-1, read 2026-10-30 on sdlegislature.gov: “Leasing is a contract by which one (the lessor or landlord) gives to another (the lessee or tenant) temporary possession and use of real property for reward and the lessee agrees to return such property to the lessor at a future time.” (South Dakota Codified Laws 43-32-1)

The repair duty in 43-32-8 reaches every hiring of residential premises, whether in writing or parol, and binds the lessor to keep the premises in reasonable repair except when the disrepair has been caused by the negligent, willful or malicious conduct of the lessee or a person under his direction or control.

At move-in, under 43-32-6.1 a lessor of residential premises may not demand or receive a security deposit in excess of one month's rent, except that a larger deposit may be agreed upon between the lessor and the lessee where special conditions pose a danger to maintenance of the premises.

Whether you rent out one house or manage an apartment building, each repair or turnover job can be posted on InstaBids to get written bids.

South Dakota statutes a property manager works to

What to put in a written repair scope for a South Dakota rental

• The repair in plain words, with photos, and the 43-32-8 duty the lessor meets with it: keep the premises and all common areas in reasonable repair and fit for human habitation, and maintain in good and safe working order the electrical, plumbing, or heating systems, except when the disrepair has been caused by the negligent, willful or malicious conduct of the lessee or a person under his direction or control.
• The notice date and the condition requiring repair to make the premises fit for human habitation and to place the same in good and safe working order: 43-32-9 uses a reasonable time after notice to the lessor of conditions which the lessor ought to repair, followed by the lessor neglecting to do so.
• The entry notice under 43-32-32: except in case of an emergency or if it is impracticable to do so, the landlord or landlord's agent gives the tenant reasonable notice and enters only at reasonable times; twenty-four hours written notice is presumed reasonable unless alternate methods of notification or times for entry are mutually agreed upon between the landlord and tenant in the lease. The notice specifies dates, a period during normal business hours, the purpose of intended entry and a means to request to reschedule the entry.

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The South Dakota notice record alongside a written repair request

The notice record for a South Dakota repair request starts with the conditions described in 43-32-9: conditions requiring repair to make the premises fit for human habitation and to place the same in good and safe working order which the lessor ought to repair. The same section measures the delay as a reasonable time after notice to the lessor; it gives no fixed number of days for that interval.

Property managers can post a rental job on InstaBids today.

How InstaBids works

South Dakota chapter 43-32 and rental maintenance

Sources

• South Dakota Codified Laws 43-32-1, read 2026-10-30: sdlegislature.gov
• South Dakota Codified Laws 43-32-9, read 2026-10-30: sdlegislature.gov
• South Dakota Codified Laws 43-32-6.1, read 2026-10-30: sdlegislature.gov
• South Dakota Codified Laws 43-32-32, read 2026-10-30: sdlegislature.gov
• South Dakota Codified Laws 43-32-13, read 2026-10-30: sdlegislature.gov
• South Dakota Codified Laws 43-32-8, read 2026-10-30: sdlegislature.gov
• South Dakota Codified Laws 43-32-19, read 2026-10-30: sdlegislature.gov