Landlord Entering Without Notice in South Dakota: What Are My Rights?

1. A South Dakota landlord must give you reasonable notice before entering, and may enter only at reasonable times. This does not apply in case of an emergency or if giving notice is impracticable (not practical).

   South Dakota Legislature SDCL 43-32-32

   ✓ Sources checked October 3, 2026

2. In South Dakota, 24 hours written notice is presumed (assumed) to be reasonable notice of entry. The rule changes if the landlord and tenant agree in the lease on other ways to give notice or other times for entry.

   South Dakota Legislature SDCL 43-32-32

   ✓ Sources checked October 3, 2026

3. A South Dakota landlord's entry notice must name the date or dates of entry. It must name a period of time during normal business hours. It must also name the purpose of the entry.

   South Dakota Legislature SDCL 43-32-32

   ✓ Sources checked October 3, 2026

4. A South Dakota landlord's entry notice must name a way for you to ask to change the time of the entry. This does not apply in an emergency or when giving notice is not practical.

   South Dakota Legislature SDCL 43-32-32

   ✓ Sources checked October 3, 2026

5. A South Dakota landlord does not have to give notice of intent to enter in case of an emergency.

   South Dakota Legislature SDCL 43-32-32

   ✓ Sources checked October 3, 2026

6. If a South Dakota entry notice gives a time that does not work for you, ask to change it in the way the notice names. Keep a copy of your request.

   RenterLaw editorial South Dakota Legislature SDCL 43-32-32

   ✓ Sources checked October 3, 2026

7. If your landlord enters without a proper notice, write down the date, time and what happened. Keep any written notice you get. Photos can help show what happened.

   RenterLaw editorial

8. If a South Dakota landlord of residential property unlawfully removes or excludes you from your home, you have three choices. You may sue for injunctive relief (a court order). You may recover possession by suit. You may end the rental agreement. Ending it is risky. If a court later disagrees, you can owe the rent and face eviction. Get legal help first.

   RenterLaw editorial South Dakota Legislature SDCL 43-32-6

   ✓ Sources checked October 3, 2026

9. South Dakota law covers a landlord of residential property who willfully diminishes (cuts) services. The landlord does it by interrupting utilities (water, electric, gas) or other essential service. You have three choices. You may sue for injunctive relief (a court order). You may recover possession by suit. You may end the rental agreement. Ending it is risky. If a court later disagrees, you can owe the rent and face eviction. Get legal help first.

   RenterLaw editorial South Dakota Legislature SDCL 43-32-6

   ✓ Sources checked October 3, 2026

10. If a South Dakota landlord of residential property unlawfully removes or excludes you from your home, you can recover money from the landlord. The amount is equal to 2 months rent. You can also recover any advance rent and deposit you paid. Example: if rent is $800, 2 months rent is $1,600. You get this money only if you win your case and your landlord pays.

    RenterLaw editorial South Dakota Legislature SDCL 43-32-6

    ✓ Sources checked October 3, 2026

11. South Dakota law covers a landlord of residential property who willfully diminishes (cuts) services. The landlord does it by interrupting utilities (water, electric, gas) or other essential service. You can recover money from the landlord. The amount is equal to 2 months rent. You can also recover any advance rent and deposit you paid. Example: if rent is $800, 2 months rent is $1,600. You get this money only if you win your case and your landlord pays.

    RenterLaw editorial South Dakota Legislature SDCL 43-32-6

    ✓ Sources checked October 3, 2026

Is something on this page wrong or out of date? Tell us.