South Dakota’s rent increase laws in 2025 remain relatively landlord-friendly, with few restrictions on how much landlords can raise rent. However, tenants should be aware of their rights and the procedures landlords must follow when increasing rent.
Notice Requirements
Landlords in South Dakota must provide at least 30 days’ written notice before implementing a rent increase for month-to-month tenancies. This notice period gives tenants time to decide whether to accept the new rent or seek alternative housing. For fixed-term leases, rent increases typically can only occur at the end of the lease term, unless the lease specifically allows for mid-term increases.
Rent Increase Limits
As of 2025, South Dakota does not have any statewide rent control laws or caps on rent increases. This means landlords can raise rent by any amount they deem appropriate, as long as they provide proper notice and comply with the terms of the existing lease agreement.
Lease Agreements
The terms of the lease agreement are crucial in determining when and how rent can be increased:
- For fixed-term leases, rent usually cannot be raised during the lease period unless specifically allowed in the lease document.
- When a lease expires or transitions to a month-to-month arrangement, landlords can propose new terms, including rent increases.
Illegal Rent Increases
While South Dakota law doesn’t limit rent increase amounts, certain practices can make a rent increase illegal:
- Discrimination based on protected characteristics (race, religion, gender, etc.) is prohibited.
- Retaliatory rent increases in response to a tenant exercising their legal rights are not allowed.
- Rent increases aimed at circumventing basic habitability requirements may be questionable.
Tenant Rights and Options
Tenants facing a rent increase have several options:
- Accept the increase and continue the tenancy.
- Negotiate with the landlord for a lower increase or better terms.
- Terminate the lease if the increase is unacceptable (providing proper notice as required by law).
- Challenge the increase if it’s believed to be discriminatory or retaliatory.
Local Ordinances
While state law doesn’t impose rent control, tenants should check for any local ordinances that might affect rent increases in their specific municipality.
Challenging Unfair Increases
If a tenant believes a rent increase is unfair or illegal, they can:
- Attempt to negotiate directly with the landlord.
- Seek legal advice to understand their rights and options.
- Consider filing a complaint if discrimination or retaliation is suspected.
South Dakota’s rent increase laws primarily focus on proper notice rather than limiting increase amounts. Tenants should carefully review their lease agreements, understand their rights, and be prepared to make informed decisions when faced with rent increases. While landlords have significant latitude in setting rents, they must still adhere to fair housing laws and avoid discriminatory or retaliatory practices.
SOURCES:-
[1] https://www.steadily.com/blog/how-much-can-a-landlord-raise-rent-in-south-dakota
[2] https://www.steadily.com/blog/rent-increase-laws-regulations-south-dakota
[3] https://www.american-apartment-owners-association.org/landlord-tenant-laws/south-dakota/
[4] https://pennco.org/?SEC=3F068F3C-B824-49EC-95E8-DFD652C0DFE7
