South Dakota Rent Increase Laws

By Oleg Kachko · Updated June 10, 2026

✓ Law Verified June 2026

This guide explains south dakota rent increase laws in plain English — whether there is a cap on how much your landlord can raise your rent, how much notice they must give, which South Dakota cities have local rent control, and what to do if an increase looks illegal. All figures are from South Dakota law, verified as of June 2026.

In This South Dakota Guide:

Key Rules
Local Rent Control
What to Do
Official Sources

South Dakota Rent Increase Rules at a Glance

Statewide rent cap	NO. South Dakota has no statewide rent cap. There is no limit on how much a landlord can raise rent. State law (SDCL § 6-1-13) explicitly prohibits any local government from enacting rent control on private residential property, so no city or county cap exists either.
Notice required before increase	For month-to-month tenancies, the landlord must give at least 30 days written notice before the expiration of the month (SDCL § 43-32-13). The notice must be in writing. For week-to-week tenancies, at least 7 days written notice is required. For fixed-term leases, the landlord cannot raise rent until the lease term expires unless the lease itself contains a rent-increase clause.
How often rent can be raised	There is no statutory limit on how often a landlord can raise rent in South Dakota. A landlord may raise rent as frequently as desired on a month-to-month tenancy, as long as proper 30-day written notice is given each time. For fixed-term leases, rent cannot be raised until the lease term ends unless the lease allows it.
During a fixed-term lease	Generally NO. A landlord cannot raise rent during a fixed-term lease in South Dakota unless the lease itself contains a clause that specifically allows for rent increases during the term. If no such clause exists, the rent is locked for the duration of the lease. Once the lease expires and converts to month-to-month, the landlord may raise rent with proper 30-day written notice.

Retaliatory increases: YES. South Dakota prohibits retaliatory rent increases under SDCL § 43-32-27. A landlord may not raise rent above fair market value in retaliation after a tenant: (1) complains to the landlord about unsafe or illegal conditions, (2) complains to a government agency about unsafe or illegal conditions, or (3) participates in a tenant organization.

If the landlord raises rent, decreases services, or issues a notice to vacate within 180 days of a tenant exercising these rights, the law presumes retaliation. A tenant who proves retaliation may recover damages equal to two months’ rent plus return of advance rent and deposits, and the court may award reasonable attorney’s fees.

South Dakota Cities With Local Rent Control

NONE. South Dakota state law (SDCL § 6-1-13) preempts all local governments from enacting rent control on private residential property. No city in South Dakota has or can have a rent control ordinance.

Exempt properties: Because South Dakota has no rent control at all, there is no exemption framework. All private residential properties are subject to the same rules: no cap on increases, 30-day written notice required for month-to-month tenancies. The only carve-out in SDCL § 6-1-13 is that local governments may still manage and control residential property in which the local government itself has a property interest (e.g., public housing).

State preemption: YES. South Dakota fully preempts local rent control. SDCL § 6-1-13 states: “No local governmental unit may enact, maintain, or enforce any ordinance, resolution, or other enactment that would have the effect of controlling the amount of rent charged for leasing private residential property.” This means no city, county, or municipality in South Dakota can pass its own rent control law.

The only exception is that a local government may manage residential property it owns.

What to Do If Your Rent Increase Is Illegal

If you believe your landlord raised your rent illegally in South Dakota — for example, without proper 30-day written notice, during a fixed-term lease without a lease clause allowing it, or in retaliation for exercising your legal rights — you may be able to take these steps: (1) Document everything in writing, including the date you received notice and copies of your lease.

(2) If you received no written notice or less than 30 days’ notice, you may refuse to pay the increased amount until proper notice is given.

(3) If you believe the increase is retaliatory (within 180 days of a complaint or protected activity), you may file a lawsuit under SDCL § 43-32-27 and may recover up to two months’ rent in damages plus attorney’s fees.

(4) Contact the South Dakota Attorney General’s Consumer Protection Division at consumer.sd.gov or call 1-800-300-1986. (5) Contact East River Legal Services (800-952-3015) or Dakota Plains Legal Services (800-658-2297) for free legal help. (6) You may also file a complaint with your local code enforcement office if the increase appears tied to habitability complaints.

Other South Dakota rent rules: South Dakota has a unique tenant termination right when rent is raised: under SDCL § 43-32-13, if a landlord modifies the lease terms (including a rent increase) on a month-to-month tenancy, the tenant may terminate the lease effective the first day of the next month by giving the landlord written notice within 15 days of receiving the modification notice.

This gives tenants a specific opt-out window rather than being locked in to the higher rent. Also, the retaliatory protection under SDCL § 43-32-27 uses the standard of “rent above fair market value” rather than simply any rent increase, meaning only increases that push rent above fair market value are considered retaliatory — not just any increase after a complaint.

Official South Dakota Sources & Resources

South Dakota Attorney General: https://consumer.sd.gov/fastfacts/landlordtenant.aspx
South Dakota Rent Statute: https://sdlegislature.gov/Statutes/43-32
U.S. Department of Housing and Urban Development: hud.gov
Cornell Legal Information Institute: law.cornell.edu/wex

Understanding South Dakota Rent Increase Laws

Whether a South Dakota rent increase is legal depends on the cap (if any), the notice given, and whether the increase is retaliatory. South Dakota rent increase laws protect tenants from surprise hikes by requiring a minimum notice period before any increase takes effect.

If you believe a South Dakota rent increase violates these rules, document the notice you received, check the math against the cap, and contact your local housing authority or legal-aid office.

Knowing the South Dakota rent increase rules before your lease renews puts you in a much stronger position.

This South Dakota rent increase guide was last verified against official sources in June 2026. Rent caps change — verify with your state or a local legal-aid office.

More South Dakota Tenant Rights Guides

Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.

Renting? Protect your belongings — compare renters insurance at Home Insure Guide. Divorce involving a lease? See Divorce Help Guide. Unsafe housing / toxic mold injury? Some cases qualify — see Mass Tort Info.

South Dakota Rent Increase Laws — Caps & Notice Rules (2026)