Rent Increases in South Dakota: What Are My Rights?
This page covers how a South Dakota landlord changes the rent on a month-to-month lease. It also covers how you can end that lease after a change notice. It ends with the rules on retaliation for a rent increase.
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On a month-to-month lease, a South Dakota landlord may change the terms of the lease, including the rent. The landlord must give written notice at least 30 days before the end of the month. The change takes effect at the end of the month.
✓ Sources checked October 3, 2026
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On a month-to-month lease in South Dakota, a written change notice from the landlord becomes part of your lease if you stay. This is true after the month ends. The new rent and conditions in the notice then apply.
✓ Sources checked October 3, 2026
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On a month-to-month lease in South Dakota, you may end your lease on the first day of the next month. You must give your landlord notice within 15 days after you receive the landlord's notice of change. If a court later disagrees, you can owe the rent and face eviction. Get legal help first.
✓ Sources checked October 3, 2026
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Keep a copy of any written notice about a rent change. Write down the day you received it. Dates matter for the notice rules on a month-to-month lease.
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In South Dakota, raising your rent above fair market value can be retaliation (punishing you). It counts if the landlord did it after one of three events. One: you gave written notice of a repair needed under SDCL 43-32-9. It covers repairs the landlord ought to make to keep the home fit to live in. Two: the landlord got written notice from you or an agency that you made a complaint to a government agency. It must be about a building or housing code violation (a break of building rules) that materially (in a real way) affects health and safety. It must be found to be in good faith. Three: you organized or joined a tenant's union or organization.
✓ Sources checked October 3, 2026
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A rent increase above fair market value can lead to a retaliation claim in South Dakota. This is so after you give your landlord written notice of a condition requiring repair under SDCL 43-32-9. It is also so after you organize or join a tenant's union or organization.
✓ Sources checked October 3, 2026
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In a South Dakota retaliation case, the renter may get money the landlord must pay. That is an amount equal to 2 months rent. The renter also gets back any advance rent and deposit paid. With $800 rent, 2 months rent is $1,600. The court may award reasonable and customary attorney's fees. You get this money only if you win your case and your landlord pays.
✓ Sources checked October 3, 2026
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