South Dakota Mobile Home Park Laws
South Dakota has no manufactured-home community tenancy act: lot tenancies run under the general leasing chapter, SDCL chapter 43-32, and evictions under the forcible entry and detainer chapter, SDCL chapter 21-16.
Cited to SDCL ch. 43-32 and 5 more sources · Verified August 23, 2026
Two rules are written for these tenancies. A person who leases land to the owner of a mobile or manufactured home must give at least ninety days' notice to vacate and remove the home if the land is developed for another use, unless the notice is based on a breach of the lease. And a manufactured or mobile home community owner may not retaliate against a resident who complained to a government agency, asked in writing for repairs, or organized or joined a tenants' union, by raising rent above fair market value, cutting essential services or giving a notice to vacate not based on a lease breach. Everything else comes from the general leasing rules: thirty days' written notice to change the rent or other terms of a month-to-month tenancy, with fifteen days for the resident to give notice ending the lease in reply; one month's notice from either side to end a month-to-month tenancy, with no reason required; a security deposit of no more than one month's rent, returned or accounted for within twenty-one days; and an eviction for unpaid rent available once rent is three days past due. There is no cap on lot rent, and cities and counties may not impose one.
| Governing act | No manufactured-home tenancy act |
|---|---|
| General law that also applies | SDCL ch. 43-32, Lease of Real Property, with SDCL ch. 21-16 (forcible entry and detainer) for eviction |
| Federal lender protections already required by state law | 1 of 8 (see the table) |
Each row below is a state rule (with its citation) or an honest "no state rule" with what governs instead — lease terms and the general landlord-tenant law still apply where the park act is silent. This page covers a resident who owns the home and rents the lot; a home rented from the park is an ordinary South Dakota tenancy.
On this page: Scope · Lot rent, fees and utilities · Lease, rules and disclosure · Termination and eviction · Closure and change of use · Sale of the park · The resident's home · Federal lender protections · Common questions · Citations
A. Scope — who and what the act covers
| Rule | South Dakota law | Source |
|---|---|---|
| State agency with a role in park tenancies | No state rule No state agency has a role in manufactured-home lot tenancies in South Dakota. Disputes are decided in court: a circuit court, or a magistrate court presided over by a magistrate judge, has jurisdiction in a forcible entry and detainer case for property within its county. The court may tax reasonable attorney fees to the prevailing party, and a resident who wins a retaliation claim may recover attorney fees as well. | SDCL 21-16-3; SDCL 21-16-11; SDCL 43-32-28 |
| Resident may sue under the act | Yes A resident may sue a community owner for retaliation, and the statute names manufactured and mobile home community owners in its own words. The remedies are those the leasing chapter gives a tenant whose landlord unlawfully excludes them or interrupts essential services: damages equal to two months' rent plus return of any advance rent and deposit, along with injunctive relief or recovery of possession, and the court may add reasonable attorney fees. | SDCL 43-32-27; SDCL 43-32-28; SDCL 43-32-6 |
| Minimum park size for the act to apply (lots) | No state rule South Dakota sets no minimum community size, because it has no community tenancy law to switch on. The one statute written for these tenancies reaches any person who leases land to the owner of a mobile or manufactured home, whatever the number of lots, and the general leasing chapter applies to a lease of real property of any size. | SDCL 43-32-31; SDCL 43-32-1 |
| Other size thresholds that switch rules on | No state rule No size threshold switches any rule on or off. The leasing chapter draws its distinctions by the kind of land and the length of the term, not by the number of lots, and the mobile-home notice provision applies to any lessor who rents land to a home owner. | SDCL 43-32-31; SDCL 43-32-2 |
| Park-owned rental homes | Ordinary landlord-tenant law applies Renting a home from the community owner and renting the lot beneath your own home are governed by the same law in South Dakota, because there is no separate community tenancy act. The general leasing chapter defines leasing as a contract giving the tenant temporary possession and use of real property for reward, and it applies to both arrangements. | SDCL 43-32-1; SDCL 43-32-8 |
| RVs and park-model homes | Excluded Recreational-vehicle park occupancy sits outside these rules. A hotel, campground or recreational-vehicle park establishment may eject a person from the premises under its cancellation policy on ten listed grounds, including nonpayment, disorderly conduct and violation of a posted rule, rather than through the leasing chapter. The two provisions written for these tenancies speak only of a mobile or manufactured home and of a manufactured or mobile home community owner, and nothing in South Dakota law addresses park-model homes. | SDCL 43-32-37; SDCL 43-32-31; SDCL 43-32-27 |
| Local rent regulation of park lots | Preempted — local governments may not regulate lot rents Cities and counties may not regulate lot rents. State law bars a local governmental unit from enacting, maintaining or enforcing any ordinance, resolution or other enactment that would have the effect of controlling the amount of rent charged for leasing private residential property. The one carve-out preserves a local government's right to manage and control residential property in which it holds a property interest. | SDCL 6-1-13 |
B. Lot rent, fees and utilities
| Rule | South Dakota law | Source |
|---|---|---|
| Notice before a lot-rent increase | No state rule No statute sets a lot-rent notice period, but the general leasing rule reaches the same result for a month-to-month tenancy: the landlord may change the terms of the lease, rent included, by giving written notice at least thirty days before the end of the month, and the change takes effect at the end of that month. The same section gives the tenant fifteen days from receiving that notice to give written notice ending the lease on the first day of the next month. Rent fixed by a lease for a stated term cannot be changed during the term without the tenant's agreement. | SDCL 43-32-13 |
| How often rent may be raised | No state rule South Dakota does not limit how often lot rent may be raised. Under the general leasing rule the terms of a month-to-month tenancy may be changed at the end of any month on thirty days' written notice, so there is no minimum interval between increases. | SDCL 43-32-13 |
| Statewide limit on lot-rent increases | No state rule There is no ceiling on lot-rent increases in South Dakota, and no local ceiling is possible. State law bars a local governmental unit from controlling the amount of rent charged for leasing private residential property, and the general leasing chapter sets no figure of its own. What governs the amount is the lease and, for a month-to-month tenancy, the thirty-day notice to change terms. | SDCL 6-1-13; SDCL 43-32-13 |
| How a resident can challenge an increase | A resident may sue a manufactured or mobile home community owner who raises rent above fair market value after the resident complained to a government agency, asked in writing for repairs, or organized or joined a tenants' organization. This is a retaliation claim rather than a general challenge to the amount of an increase. The statute names manufactured and mobile home community owners, and lists three triggering events: written notice to the owner that the resident made a good-faith housing code complaint to a government agency about a health or safety violation, the resident's written notice of conditions needing repair, and the resident organizing or joining a tenants' union or organization. The same section covers cutting electric, gas, water or sewer service and giving a notice to vacate that is not based on a breach of the lease. It is a defense that the notice to vacate came more than one hundred eighty days after the triggering event, and a decision not to renew a written lease at its expiration is not retaliation. Damages equal two months' rent plus return of advance rent and deposit, and the court may award reasonable attorney fees. | SDCL 43-32-27; SDCL 43-32-28; SDCL 43-32-6 |
| Entrance fee prohibited | No state rule Nothing in South Dakota law addresses an entrance fee for a lot. The only limit on money taken at the start of a tenancy is the deposit rule: a lessor may not demand or receive a security deposit larger than one month's rent, unless the parties agree on a larger deposit where special conditions pose a danger to maintenance of the premises. What governs any other up-front charge is the lease. | SDCL 43-32-6.1 |
| Exit or removal fee prohibited | No state rule Nothing in South Dakota law addresses an exit or removal fee. The leasing chapter regulates the security deposit and its return but says nothing about a charge for leaving or for moving a home out, so the lease governs. | SDCL 43-32-6.1; SDCL 43-32-24 |
| Undisclosed fees uncollectible | No state rule South Dakota does not require charges to be disclosed up front and does not make an undisclosed charge uncollectible. The leasing chapter carries a single disclosure duty, and it is unrelated: a lessor with actual knowledge that methamphetamine was previously manufactured on the premises must tell the lessee. | SDCL 43-32-30 |
| Utility billing rules | No state rule No statute regulates how a community owner bills residents for utilities. Two general duties still apply: a lessor who willfully diminishes services by interrupting electric, gas, water or other essential service owes damages equal to two months' rent plus return of advance rent and deposit, and a residential lessor must keep all electrical, plumbing and heating systems in good and safe working order, a duty the parties may not waive or modify. | SDCL 43-32-6; SDCL 43-32-8 |
| Submetering required or regulated | No state rule Nothing in South Dakota law requires individual meters or sets rules for billing from them. The sections that touch utilities deal with keeping service on and keeping the systems in working order, not with how service is measured or divided among lots. | SDCL 43-32-6; SDCL 43-32-8 |
| Lot security deposit rules | No state rule There is no lot deposit rule, but the general residential deposit rules apply to a lot lease. A lessor may not demand or receive a deposit larger than one month's rent, unless the parties agree on more where special conditions pose a danger to maintenance of the premises. Within twenty-one days after the tenancy ends and the lessor receives the tenant's mailing address or delivery instructions, the lessor must return the deposit or give a written statement of the specific reason for keeping it, and may keep money only for unpaid rent and other sums owed under the lease and for restoring the premises to their original condition apart from ordinary wear. On request the tenant is entitled to an itemized accounting within forty-five days. A lessor who does not comply forfeits all rights to withhold any part of the deposit, and bad-faith retention carries punitive damages of up to two hundred dollars. | SDCL 43-32-6.1; SDCL 43-32-24 |
C. Lease, rules and disclosure
| Rule | South Dakota law | Source |
|---|---|---|
| Written lease | Not required A lot tenancy in South Dakota does not have to be in writing. Only an agreement to lease real property for longer than one year must be written and signed by the lessor or an agent authorized in writing, so a month-to-month or one-year lot tenancy may be oral. | SDCL 43-32-5; SDCL 43-32-8 |
| Minimum lease term that must be offered | No state rule No community owner in South Dakota has to offer a lease of any particular length. A background presumption in the leasing chapter fills the gap where the parties say nothing: a hiring of real property other than lodgings is presumed to run for one year from its commencement unless the hiring expresses otherwise, and a tenant who stays on after the term ends while the lessor accepts rent is presumed to have renewed on the same terms for the same time, up to one year. Because the presumption yields to whatever the parties express, a month-to-month lot tenancy is entirely lawful. | SDCL 43-32-3; SDCL 43-32-14 |
| Notice to end a tenancy without cause | No state rule No statute sets a lot-specific notice for ending a tenancy without cause, and the general leasing rule gives a month-to-month tenant one month. A hiring for a term the parties did not specify renews unless one side gives notice of intent to terminate as long before the end of the term as the term itself, and never more than one month, so a month-to-month lot tenancy ends on one month's notice from either side. Where the land is being developed for another use, a longer ninety-day notice applies instead. | SDCL 43-32-15; SDCL 43-32-31 |
| Notice before park rules change | No state rule South Dakota has no community-rules regime and no notice period for changing park rules. Where rules form part of a month-to-month lease, the general modification rule reaches them: written notice at least thirty days before the end of the month, effective at the end of that month, with the tenant free to end the lease by giving notice within fifteen days of receiving it. | SDCL 43-32-13 |
| Disclosure document | None required No disclosure document has to be given to a lot resident in South Dakota. The leasing chapter's only disclosure duty concerns prior manufacture of methamphetamine on the premises, which a lessor with actual knowledge must tell the lessee about. | SDCL 43-32-30 |
| Residents' right to meet and organize | Yes Organizing is protected through the retaliation rule rather than by an affirmative right to meet. The statute, which names manufactured and mobile home community owners in its own words, makes it actionable for the owner to raise rent above fair market value, cut electric, gas, water or sewer service, or give a notice to vacate not based on a lease breach after a resident has organized or joined a tenants' union or organization; the remedy is two months' rent plus return of advance rent and deposit, with attorney fees available. No South Dakota statute goes further to give residents a right to hold meetings, hand out information or use common areas. | SDCL 43-32-27 (3); SDCL 43-32-28 |
| Owner entry onto the lot or into the home | No state rule No entry rule is written for lots, and the general residential rule applies instead. A landlord must give the tenant reasonable notice of an intent to enter and may enter only at reasonable times, except in an emergency or where notice is impracticable; twenty-four hours' written notice is presumed reasonable unless the lease sets different methods or times by mutual agreement. The notice must state the date or dates of entry, a period during normal business hours, the purpose, and a way for the tenant to ask to reschedule. | SDCL 43-32-32 |
| Retaliation prohibited | Yes A manufactured or mobile home community owner may not retaliate against a resident, and the statute says so in those words. Retaliation means raising rent above fair market value, cutting electric, gas, water or sewer service, or giving a notice to vacate that is not based on a breach of the lease, after the resident made a good-faith housing code complaint to a government agency, gave written notice of conditions needing repair, or organized or joined a tenants' union. It is a defense that the notice to vacate came more than one hundred eighty days after the triggering event, and declining to renew a written lease at its expiration is not retaliation. | SDCL 43-32-27; SDCL 43-32-28 |
D. Termination and eviction
| Rule | South Dakota law | Source |
|---|---|---|
| Just cause required to end a tenancy | No South Dakota does not require a reason to end a lot tenancy. A month-to-month tenancy ends when either side gives notice one month before the end of the month, and no statute limits the community owner's reasons. Separately, a landlord may end a lease before the agreed term is up where the tenant uses the premises in a way contrary to the lease, or does not make repairs the tenant is bound to make within a reasonable time after being asked. | SDCL 43-32-15; SDCL 43-32-18 |
| Grounds for termination | No state rule South Dakota lists no grounds for ending a lot tenancy, because no reason is required. The eviction statute instead lists when a possession action may be brought, including where a tenant holds over after the lease has ended or fails to pay rent for three days after it is due, and where the tenant commits waste or does or fails to do something that under the lease terminates it. | SDCL 21-16-1 (4), (7); SDCL 43-32-18 |
| Notice for nonpayment of lot rent | No state rule South Dakota requires no notice to pay or move before an eviction for unpaid lot rent. A possession action may be brought once the tenant has failed to pay rent for three days after it was due. Once the summons is served the tenant has five days to appear, or thirty days after service by publication, whichever comes sooner, and the court may put the case off for no more than fourteen days unless the tenant posts an undertaking for the rent that accrues. | SDCL 21-16-1 (4); SDCL 21-16-7 |
| Notice for a rule or lease violation | No state rule No statute sets a notice period for a lease or rule violation on a lot. A landlord may end the lease before the agreed term where the tenant uses the premises contrary to the lease, and where the tenant does not make repairs the tenant is bound to make within a reasonable time after being asked; the eviction statute adds waste and any act that under the lease terminates it. What counts as adequate notice is left to the lease. | SDCL 43-32-18; SDCL 21-16-1 (7) |
| Repeat-violation rule | No state rule Nothing in South Dakota law treats repeated violations differently from a first one. The termination and eviction sections describe the conduct that ends a lease without counting how often it has happened, so the lease governs any repeat-violation term. | SDCL 43-32-18; SDCL 21-16-1 |
| Time to sell or remove the home after termination | No state rule South Dakota gives a resident no set period to sell or move the home after a tenancy ends. The one ninety-day period written for these tenancies runs only where the land is being developed for another use, and by its own words does not apply where the notice is based on a breach of the lease. After an ordinary eviction the timetable is the court's, and no execution for possession may be served except in the daytime. | SDCL 43-32-31; SDCL 21-16-12 |
| Abandoned-home procedure | No state rule South Dakota has no procedure written for an abandoned manufactured home, only the general rules for a tenant's property left behind. Property worth five hundred dollars or less left ten days after the tenant has quit the premises is presumed abandoned and the lessor may dispose of it. Property worth more must be stored, the lessor has a lien for the costs of handling and storing it, and after thirty days or more the lessor may treat it as abandoned and dispose of it. | SDCL 43-32-25; SDCL 43-32-26 |
| Mediation or dispute-resolution requirement | No state rule No mediation or other dispute-resolution step is required before an eviction or any other lot dispute in South Dakota. The route is the courts: a circuit court, or a magistrate court presided over by a magistrate judge, hears forcible entry and detainer cases, which may be brought on for trial on two days' notice after issue is joined. | SDCL 21-16-3; SDCL 21-16-8 |
E. Closure and change of use
| Rule | South Dakota law | Source |
|---|---|---|
| Notice before closure or change of use | 3 months The statute states the period in days: a person who leases land to the owner of a mobile or manufactured home must give no less than ninety days' notice to vacate and remove the home if the property is developed for an alternate use. Three months is the equivalent recorded here. The rule does not apply where the notice is based on a breach of the terms of a lease, and it requires nothing beyond the notice itself. | SDCL 43-32-31 |
| Variants (by trigger or park size) | No state rule The ninety-day notice has no variants by trigger or community size, only a single exception: it does not apply where the notice is based on a breach of the terms of a lease. Redeveloping the land for any other use draws the same period whatever the size of the community. | SDCL 43-32-31 |
| Relocation payment required | No state rule No one has to pay a resident to move when the land is redeveloped in South Dakota. The statute written for this situation requires ninety days' notice to vacate and remove the home and nothing more, and there is no state relocation fund. | SDCL 43-32-31 |
| Relocation amounts | No state rule There are no relocation amounts, because South Dakota requires no relocation payment. The ninety-day notice to vacate and remove the home is the whole of the state's closure rule. | SDCL 43-32-31 |
| Who pays relocation | None required No one pays for relocation in South Dakota. The statute that governs redevelopment of the land requires ninety days' notice to vacate and remove the home, and imposes no payment on the landowner or on the state. | SDCL 43-32-31 |
| Notice to a government body on closure | No state rule No government body has to be told when a community closes. The ninety-day notice runs to the owner of the mobile or manufactured home and to no one else, and no state agency has a role in these tenancies. | SDCL 43-32-31 |
F. Sale of the park
| Rule | South Dakota law | Source |
|---|---|---|
| Residents must be told the park is for sale | No state rule Residents in South Dakota have no right to be told the community is for sale or has been sold. The leasing chapter's only mobile-home notice provision is the ninety-day notice where the land is developed for another use, and nothing addresses a sale before or after it closes. | SDCL 43-32-31 |
| What triggers the notice | No state rule Nothing triggers a sale notice in South Dakota, because no sale notice is required. A sale of the land does not by itself end a lot tenancy; the new owner takes subject to the lease, and the lessee keeps the remedies the lease gives against the lessor's assigns. | SDCL 43-32-21 |
| Residents' purchase right | None required Residents have no right to buy the community in South Dakota. There is no right of first refusal, no opportunity to negotiate and no notice of a sale, and no statute allows a residents' organization to compete for the land. | SDCL 43-32-31; SDCL 43-32-21 |
| Time for residents to respond | No state rule There is no response window, because South Dakota gives residents no purchase right and requires no notice of a sale. | SDCL 43-32-31 |
| Resident-association threshold | No state rule No threshold exists, because no statute recognizes a residents' organization for the purpose of buying the community. Residents may still form an organization; the only statute that mentions one protects a resident who organizes or joins a tenants' union from retaliation. | SDCL 43-32-27 |
| Transfers exempt from the sale rules | No state rule There are no exempt transfers to list, because South Dakota imposes no rules on the sale of a community. Every transfer is governed by the ordinary law of conveyances and by the lease. | SDCL 43-32-21 |
| Residents may assign the right to a nonprofit or municipality | No state rule There is no purchase right for residents to assign to a nonprofit or a municipality, because South Dakota gives residents no right to buy the community. | SDCL 43-32-31 |
| Penalty for violating the sale rules | No state rule No penalty attaches to a community sale, because there are no sale rules to break. The penalties the leasing chapter does carry sit elsewhere: damages equal to two months' rent plus return of advance rent and deposit where a lessor unlawfully excludes a tenant, interrupts essential services or retaliates, with reasonable attorney fees available on a retaliation claim. | SDCL 43-32-6; SDCL 43-32-28 |
G. The resident's home
| Rule | South Dakota law | Source |
|---|---|---|
| Right to sell the home in place | No state rule No South Dakota statute protects a resident's right to sell the home where it stands. Whether the home may stay and whether the buyer may take over the lot is governed by the lease: a tenant's attornment to a stranger is void without the landlord's consent or a court judgment, and a lessor keeps its remedies against an assignee of the lease. The only statutory rule about a home leaving runs the other way, requiring ninety days' notice to vacate and remove it where the land is developed for another use. | SDCL 43-32-17; SDCL 43-32-20; SDCL 43-32-31 |
| Park may not take a commission on the sale | No state rule Nothing in South Dakota law stops a community owner from taking a commission or fee on a resident's sale of the home. The leasing chapter limits the security deposit and its return but says nothing about a charge tied to a sale, so the lease governs. | SDCL 43-32-6.1; SDCL 43-32-24 |
| Park may screen the buyer | No state rule No statute says whether a community owner may screen the buyer of a resident's home, because no statute gives the buyer any claim on the lot. Taking over the tenancy depends on the lease and on the landlord's consent: a tenant's attornment to a stranger is void unless the landlord consents or a court so orders. | SDCL 43-32-17; SDCL 43-32-20 |
| Buyer-approval standard and deadline | No state rule South Dakota sets no standard and no deadline for approving a buyer as the new lot tenant. There is no rule that consent may not be unreasonably withheld and no time limit for an answer, so both are matters for the lease. | SDCL 43-32-17; SDCL 43-32-20 |
| Home may not be rejected for age, size or style alone | No state rule Nothing bars a community owner from rejecting a home, or requiring it to be moved, because of its age, size or style. South Dakota gives no general right to sell the home in place from which such a limit could follow, so the lease and the community's own standards govern. | SDCL 43-32-31; SDCL 43-32-17 |
| Park may require repairs before sale | No state rule No statute addresses repairs demanded before a resident may sell the home. The tenant's general duty under the leasing chapter is to preserve the premises, appliances and appurtenances in good condition and to repair damage caused by the tenant's own negligent, willful or malicious conduct, and any further condition on a sale comes from the lease. | SDCL 43-32-10 |
| Right to post a For Sale sign | No state rule South Dakota does not protect a for-sale sign on a home or a lot. Neither the leasing chapter nor any regulation addresses signs, so a community's rules and the lease decide the question. | SDCL 43-32-31; SDCL 43-32-27 |
H. The eight federal lender protections — which ones South Dakota law already requires
Fannie Mae and Freddie Mac require eight tenant site lease protections in every manufactured housing community loan they buy. Where state law already requires a protection of every park, a resident has it whether or not the park has agency financing. South Dakota law requires 1 of 8. All 50 states are compared in our research study, including the 2018 federal survey baseline.
| Protection | South Dakota law | Basis |
|---|---|---|
| One-year renewable lease term unless there is good cause for non-renewal | Not required | Neither limb is met. No statute requires a lease term of any length to be offered in a community: the one-year presumption for a hiring of real property is a background rule that yields to whatever the parties express, so month-to-month lot tenancies are not displaced by it. And no statute requires a reason to end or decline to renew a lot tenancy, which ends on one month's notice when it runs month to month. (SDCL 43-32-3; SDCL 43-32-14; SDCL 43-32-15) |
| 30-day written notice of rent increases | Required | The landlord of a month-to-month tenancy must give written notice at least thirty days before the end of the month to change the rent, and the new rent takes effect only at the end of that month; rent set by a lease for a stated term cannot be changed during the term without the tenant's agreement. (SDCL 43-32-13) |
| 5-day grace period for rent payments and the right to cure defaults on rent payments | Not required | Neither limb is met: a possession action may be brought once rent has gone unpaid for three days after it was due, which is shorter than the five-day period this protection calls for, and no statute bars a late fee in any period after the due date or gives the resident a right to keep the tenancy by paying. (SDCL 21-16-1; SDCL 21-16-7) |
| Right to sell the manufactured home without having to first relocate it out of the community | Not required | No statute bars a community owner from requiring the home to be moved when it is sold, and none gives a resident the right to sell it where it stands; the only removal rule in South Dakota law requires ninety days' notice where the land is developed for another use. (SDCL 43-32-31; SDCL 43-32-17) |
| Right to sell the manufactured home in place within 30 days after eviction by the community owner | Not required | No statute gives a resident any period to sell the home in place after an eviction; once judgment for possession is entered the only statutory limit is that an execution for possession may not be served except in the daytime. (SDCL 21-16-10; SDCL 21-16-12) |
| Right to sublease or assign the pad site lease for the unexpired term to the new buyer of the home without unreasonable restraint | Not required | No statute lets the buyer of a home take over the lot lease, and none limits the community owner's grounds for refusing; a tenant's attornment to a stranger is void unless the landlord consents or a court so orders. (SDCL 43-32-17; SDCL 43-32-20) |
| Right to post "For Sale" signs that comply with the community's rules | Not required | No statute or state regulation protects a for-sale sign on a home or a lot; signs are left to the community's rules and the lease. (SDCL 43-32-27; SDCL 43-32-31) |
| Right to receive at least 60 days' notice of a planned sale or closure of the community | Partly | The closure limb is met and the sale limb is missing: a person who leases land to the owner of a mobile or manufactured home must give at least ninety days' notice to vacate and remove the home where the property is developed for an alternate use, but no statute requires residents to be told the land is being sold. (SDCL 43-32-31) |
Notes and caveats
- No community tenancy act — South Dakota is one of the states with no manufactured-home or mobile-home community tenancy law. Title 43 of the codified law contains a single leasing chapter, chapter 43-32, which governs leases of real property generally; a lot tenancy is simply a lease of land.
- The two rules written for lot tenancies — Section 43-32-31 requires at least ninety days' notice to vacate and remove the home where the land is developed for an alternate use, and does not apply where the notice is based on a breach of the lease. Section 43-32-27 names manufactured and mobile home community owners in its retaliation rule. Both apply whatever the size of the community.
- Rent and local ordinances — There is no ceiling on lot-rent increases, and none is possible at the local level: state law bars a local governmental unit from enacting, maintaining or enforcing anything that would have the effect of controlling the amount of rent charged for leasing private residential property, apart from property in which the local government holds an interest.
- Eviction is quick — A possession action may be brought once lot rent has gone unpaid for three days after it was due, with no notice to pay or move required first. The tenant then has five days from service to appear, and the court may postpone the case by no more than fourteen days unless the tenant posts security for the rent that accrues. The 2024 revision of the forcible entry and detainer chapter changed these procedures for all possession actions, not for lot tenancies in particular.
- Homes and property left behind — No procedure is written for an abandoned manufactured home. The general rules apply: a tenant's property worth five hundred dollars or less left ten days after the tenant quits the premises is presumed abandoned, and property worth more must be stored, subject to the lessor's lien for handling and storage, until thirty days have passed.
- Other South Dakota law about manufactured homes — Chapter 34-34A sets construction and installation standards, chapter 32-7A licenses dealers and manufacturers, and chapter 10-9 covers property-tax assessment of mobile homes. None of these reaches the relationship between a community owner and a resident who rents the lot. Siting and community licensing are handled by cities and counties under their general powers.
- No state agency to complain to — No South Dakota agency administers lot tenancies. A resident's route is the courts, where a circuit court or a magistrate court hears possession cases and where the retaliation remedy carries damages equal to two months' rent plus return of advance rent and deposit, with reasonable attorney fees available.
Common questions: South Dakota mobile home park law
Each answer is the verified value from the tables above, restated as a direct answer. Free to quote with a link to this page.
- How much notice must a South Dakota park give before raising lot rent?
- South Dakota sets no state rule on this. No statute sets a lot-rent notice period, but the general leasing rule reaches the same result for a month-to-month tenancy: the landlord may change the terms of the lease, rent included, by giving written notice at least thirty days before the end of the month, and the change takes effect at the end of that month.
- Is there a limit on how much lot rent can go up in South Dakota?
- South Dakota sets no state rule on this. There is no ceiling on lot-rent increases in South Dakota, and no local ceiling is possible.
- Can a South Dakota park owner end a lot tenancy without cause?
- Yes — South Dakota law does not require a cause. South Dakota does not require a reason to end a lot tenancy.
- How much notice must a South Dakota park give before closing or changing use?
- 3 months. The statute states the period in days: a person who leases land to the owner of a mobile or manufactured home must give no less than ninety days' notice to vacate and remove the home if the property is developed for an alternate use.
- Does a South Dakota park have to pay residents' relocation costs when it closes?
- South Dakota sets no state rule on this. No one has to pay a resident to move when the land is redeveloped in South Dakota.
- Do South Dakota residents get a chance to buy the park when it is sold?
- No — South Dakota law gives residents no right to buy the park. Residents have no right to buy the community in South Dakota.
- Can a South Dakota resident sell the home in place without moving it out of the park?
- South Dakota sets no state rule on this. No South Dakota statute protects a resident's right to sell the home where it stands.
Cite this page: "Landlord Atlas, South Dakota Mobile Home Park Laws (verified August 23, 2026), landlordatlas.com/laws/mobile-home-parks/south-dakota/" — free to cite and quote with a link (how these records are verified).
Citations
- SDCL ch. 43-32 (verified 2026) Official source
- SDCL 43-32-31 (verified 2026) Official source
- SDCL 43-32-27 (verified 2026) Official source
- SDCL 43-32-13 (verified 2026) Official source
- SDCL 6-1-13 (verified 2026) Official source
- SDCL ch. 21-16 (verified 2026) Official source
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