What A Lease Cannot Say
SDCL § 43-32-8 — the duty to repair cannot be waived, and no eviction for calling police about abuse
Repairs are not waivable. The parties to a residential lease may not waive or modify the landlord's duty to keep the place fit and in repair, though they may agree that the tenant does specified repairs in place of rent.
A residential lease may not authorize evicting a tenant who calls law enforcement or emergency responders about domestic abuse, unlawful sexual behavior or stalking. Nothing in the chapter allows evicting a tenant only because a household member is the victim.
A security deposit, however a lease names it, may not exceed one month's rent without special conditions and agreement.
A particular lease is a question for a licensed South Dakota attorney.
Sources for this section (3)
- SDCL § 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
- SDCL § 43-32-18.1 — Eviction of tenant; Limitations
- SDCL § 43-32-6.1 — Maximum security deposit for residential premises; Larger deposit by mutual agreement
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.