Does South Dakota have rent control?

No — South Dakota has no statewide rent control or stabilization. No rent control exists anywhere in South Dakota, and SDCL 6-1-13 expressly forbids it locally: 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.

Does South Dakota preempt local rent control ordinances?

South Dakota law bars cities, counties, and other local governments from adopting any measure that controls the amount of rent charged for private residential property, except for housing the local government itself owns an interest in.

Can a landlord raise the rent during a fixed-term lease in South Dakota?

Rent is fixed by contract for the term. SDCL 43-32-13, the rent-change statute, applies only to month-to-month leases.

How much notice is required to raise the rent in South Dakota?

Verified July 11, 2026 All South Dakota topics →

South Dakota landlords must give month-to-month tenants at least 30 days' written notice before the end of a monthly period to raise the rent, under an express lease-modification statute (SDCL 43-32-13) that covers 'the terms, rent, and conditions' of the lease.

Cited to SDCL 43-32-13 and 4 more South Dakota statutes · Verified July 11, 2026

The mechanics matter: the notice must be given at least 30 days before the expiration of the month and the change takes effect at the month's end — so a notice served mid-month pushes the increase to the end of the following month, not simply 30 days out. Once served, the notice automatically becomes part of the lease if the tenant stays past the month's expiration, but the tenant gets an escape hatch: within 15 days of receiving the modification notice, the tenant may terminate the lease effective the first day of the next month. There is no limit on the size or frequency of increases and no rent control anywhere in the state — a 1990 statute (SDCL 6-1-13) expressly bars every county, township, and municipality from controlling rents on private residential property. One guardrail: raising rent above fair market value within 180 days after a tenant's good-faith code complaint, repair notice, or tenant-union activity can be actionable retaliation (SDCL 43-32-27).

South Dakota rent increase notice at a glance

Notice — month-to-month	30 days
Varies by increase size	Not addressed by statute
Fixed-term leases	Rent is fixed by contract for the term. SDCL 43-32-13, the rent-change statute, applies only to month-to-month leases. If a tenant holds over after a fixed term expires and the landlord accepts rent, the parties are presumed to have renewed on the same terms and for the same time, not exceeding one year (SDCL 43-32-14) — so a landlord who wants higher rent after a fixed term must set the new terms before accepting holdover rent.
Statewide rent control / stabilization	No
Rent control details	No rent control exists anywhere in South Dakota, and SDCL 6-1-13 expressly forbids it locally: 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. The ban dates from SL 1990, ch 51. 'Local government unit' is defined broadly to cover any political subdivision — county, township, municipality, or other unit (SDCL 6-1-12). The only carve-out is residential property in which the local unit itself has a property interest.
Local rent regulation	South Dakota law bars cities, counties, and other local governments from adopting any measure that controls the amount of rent charged for private residential property, except for housing the local government itself owns an interest in.
Frequency limits	Not addressed by statute

Cite this page: "Landlord Atlas, South Dakota Rent Increase Notice Laws (verified July 11, 2026), landlordatlas.com/laws/rent-increase-notice/south-dakota/" — free to cite and quote with a link (how these records are verified). Every figure above is cited to the South Dakota statute in the citations section below.

Create a South Dakota rent-increase notice — free, no signup, built on the same verified South Dakota rules as this page.

Notes and caveats

The 30 days come from a real modification statute — 43-32-13 is a true lease-modification statute rather than a period derived from termination notice: its text expressly reaches 'the terms, rent, and conditions specified in the notice.'
The notice must be written — 43-32-13 requires written notice — an oral announcement of a rent change does not satisfy it.
The clock is anchored to the end of the month, not to service — the statute requires notice 'at least thirty days before the expiration of the month... to take effect at the expiration of the month.' A notice served mid-month pushes the increase to the end of the following month, not simply 30 days out — this is not a floating 30 days from service.
The tenant's 15-day escape hatch — within 15 days of receiving the modification notice, the tenant may terminate the lease effective the first day of the next month (added by SL 1980, ch 298).
No fresh agreement is needed — service of the notice 'shall of itself operate' to bind a tenant who stays past the month's expiration to the new rent.
Don't confuse this with the termination statute — 43-32-15 requires notice equal to the term of the hiring, capped at one month, but that section is about ending the tenancy — it is not the source of the rent-increase rule.
Week-to-week tenancies fall outside it — 43-32-13 by its terms covers only month-to-month leases. A weekly hiring falls back on 43-32-15's termination mechanics (one week's notice) and has no express rent-change notice period of its own.
Rent control is preempted, and always has been in practice — the ban in 6-1-13 is express and comprehensive, with 'local government unit' defined broadly in 6-1-12, and no South Dakota municipality has ever had rent control.
Amendment check — 43-32-13 was last amended in 1980 and 6-1-13 has not been amended since 1990; neither the 2025 nor the 2026 session produced anything on topic.

Common questions: South Dakota rent increase notice

Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.

How many days' notice must a landlord give before raising rent in South Dakota?: 30 days.
Does South Dakota have rent control?: No — South Dakota has no statewide rent control or stabilization. No rent control exists anywhere in South Dakota, and SDCL 6-1-13 expressly forbids it locally: 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.
Does South Dakota preempt local rent control ordinances?: South Dakota law bars cities, counties, and other local governments from adopting any measure that controls the amount of rent charged for private residential property, except for housing the local government itself owns an interest in.
Can a landlord raise the rent during a fixed-term lease in South Dakota?: Rent is fixed by contract for the term. SDCL 43-32-13, the rent-change statute, applies only to month-to-month leases.
How often can a landlord raise the rent in South Dakota?: Not addressed by statute.

Statute citations

SDCL 43-32-13 (verified 2026) Official source
SDCL 6-1-13 (verified 2026) Official source
SDCL 6-1-12 (verified 2026) Official source
SDCL 43-32-14 (verified 2026) Official source
SDCL 43-32-27 (verified 2026) Official source

How this record was verified: Direct read of statute text served by the official South Dakota Legislature site (sdlegislature.gov, SDLRC codified laws): the complete text of every section of SDCL chapter 43-32 (43-32-1 through 43-32-37, including all decimal sections and the repealed 43-32-7) read via the site's chapter endpoint, with every section these answers rest on (43-32-6.1, 43-32-24, 43-32-13, 43-32-32, 43-32-12, 43-32-15) read a second, independent time via the per-section endpoint — all figures matched verbatim across reads (one month's rent cap; twenty-one days / forty-five days deposit clocks; $200 punitive ceiling; thirty-day modification notice with fifteen-day tenant termination right; twenty-four-hour written-notice entry presumption). SDCL 6-1-13 and 6-1-12 (rent-control preemption) double-read the same way. The 2026 amendment to 43-32-24 additionally pinned character-for-character from the official enrolled 2026 SB 4 (SL 2026, ch 179) and its introduced strike/underline version via the Legislature's document API; bill history from the official action log (signed by the Governor 2026-02-12; no effective-date clause, so effective 2026-07-01 under SDCL 2-14-16, read from the official site). Session sweeps run against the official bill lists: 2026 regular session (666 bills — SB 4 enacted and incorporated; HB 1231 on assistance-animal documentation tabled 2026-02-11, dead), 2025 regular session (571 bills — no landlord-tenant bills), 2025 special session (2 bills, corrections real estate only). Negative findings (no deposit interest or separate-account rule, no late-fee statute or grace period, no enumerated entry-reasons list) verified against the full chapter text in both reads. Note: sdlegislature.gov statute pages are served through an interactive viewer, but all text was read from the same official host's published data endpoints — no mirrors were needed or used.