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South Dakota Landlord Tenant Law
South Dakota Legislature
Legislative Research Council
Jason Hancock, Director


43-32-1      Leasing of real property defined.
43-32-2      Limited term of lease--Agricultural land--Municipal lots.
43-32-3      Hiring of real property presumed for one year--Exception.
43-32-4      Hiring of lodgings--Length of term--Presumption.
43-32-5      Lease of real property for more than one year--Written contract necessary.
43-32-6      Obligations of lessor of real property--Tenant's remedies against lessor.
43-32-6.1      Maximum security deposit for residential premises--Larger deposit by mutual agreement.
43-32-7      Repealed.
43-32-8      Residential lessor to keep premises in repair--Disrepair caused by lessee--Agreements for repairs in lieu of rent--Liability to third persons unaffected.
43-32-9      Failure of lessor to repair premises--Lessee's remedies.
43-32-10      Preservation of premises by lessee.
43-32-11      Use of premises when leased for particular or specified purpose--Responsibility of lessee--Rescission of contract.
43-32-12      Time for payment of rent--Agricultural and wildland--Lodging--Termination of hiring.
43-32-13      Modification of lease--Written notice by landlord, effect--Termination by tenant.
43-32-14      Retention of possession by lessee after expiration of hiring--Acceptance of rent by lessor--Renewal of hiring--Terms.
43-32-15      Renewal of hiring of real property presumed unless notice given of termination.
43-32-16      Tenant receiving notice of adverse proceedings--Duty to inform landlord.
43-32-17      Attornment of tenant to stranger, validity--Consent of landlord--Judgment.
43-32-18      Termination of lease by landlord before end of agreed term--Use of premises by tenant contrary to agreement--Neglect of tenant to make repairs.
43-32-19      Termination of lease by tenant--Neglect of landlord to place tenant in quiet possession of premises--Neglect to keep premises in good condition--Destruction of premises.
43-32-20      Assignment of lease by lessee--Breach of agreement--Recovery of possession--Remedies of lessor--Exception--Security for loan.
43-32-21      Assignment of lease by lessor--Breach of agreement--Remedies of lessee--Covenants excepted.
43-32-22      Termination of lease--Agreed term--Mutual consent--Acquisition of superior title by tenant.
43-32-22.1      Continuation of farm lease absent notice--Time for notice--Termination without notice in case of default--Grassland included.
43-32-23      Termination of lease at pleasure of either party--Death or incapacity to contract--Exception.
43-32-24      Return of security deposit after termination of tenancy--Withholding--Itemized accounting--Forfeiture of withholding rights--Punitive damages.
43-32-25      Small amount of tenant's property left on premises presumed abandoned--Disposal by lessor.
43-32-26      Storage of tenant's valuable property left on premises--Lien--Disposal as abandoned after waiting period.
43-32-27      Cause of action against lessor for retaliatory conduct.
43-32-28      Lessee's remedies for retaliatory conduct by lessor.
43-32-29      Rights and remedies preserved.

43-32-30      Disclosure of knowledge of existence of prior manufacturing of methamphetamines.
43-32-31      Notice to vacate and remove mobile or manufactured home from leased property.
43-32-32      Reasonable notice of landlord's intent to enter--Contents.

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