South Dakota rent increase law

In a month-to-month lease, you may change the rent or other terms by written notice given at least 30 days before the end of the month. The new terms take effect at the end of the month if the tenant stays.

SDCL § 43-32-13

• A tenant who receives the notice may end the lease effective the first day of the next month by giving notice of termination within 15 days of receiving it. SDCL § 43-32-13
• During a fixed term, the lease itself decides whether rent can change; the chapter sets no cap on the amount. SDCL ch. 43-32 See Rent control and local rules on the South Dakota page
• Raising rent above fair market value after certain tenant complaints can be retaliation. SDCL § 43-32-27 See Retaliation on the South Dakota page

South Dakota's landlord and tenant chapter does not limit how much rent may be charged or raised. No state statute found on the Legislature's site expressly bars or allows local rent control, and the whole code was not searched, so whether a city or county could adopt it is not settled here.

SDCL ch. 43-32

• Raising rent above fair market value after certain tenant actions can be retaliation. SDCL § 43-32-27 See Retaliation on the South Dakota page
• A home rule city or county may not enact private or civil law governing civil relationships except as incident to one of its independent powers, and its ordinances may be stricter than state law but not weaker. SDCL § 6-12-6 (1) SDCL § 6-12-5

A tenant may sue a landlord who, after certain protected events, raises the rent above fair market value, reduces electric, gas, water or sewer service, or gives a notice to vacate that is not based on a breach of the lease. The protected events are a good-faith complaint to a government agency about a building or housing code violation affecting health and safety (once the landlord receives written notice of it), the tenant's written notice of a needed repair, and the tenant organizing or joining a tenants' union or organization.

SDCL § 43-32-27

• It is a defense that the notice to vacate was given more than 180 days after the protected event. Not renewing a written lease before or when it expires is not retaliation. SDCL § 43-32-27
• A tenant who proves retaliation has the same remedies as for an illegal lockout, and the court may award reasonable attorney's fees on a verified itemized statement. SDCL § 43-32-28 SDCL § 43-32-6 See Lockouts and utility shutoffs on the South Dakota page