Skip to content

When The Landlord Retaliates

SDCL § 43-32-27 — a rent hike, a cut in services or a notice to vacate after a complaint, a repair request, or a tenants' union

  • The tenant complained in good faith to a government agency about a housing code violation affecting health and safety.
  • The tenant gave written notice of a needed repair.
  • The tenant organized or joined a tenants' union.
  • SDCL § 43-32-27
Email

After one of those events, a landlord who raises rent above fair market value, cuts electric, gas, water or sewer service, or gives notice to vacate not based on a breach of the lease may be sued for retaliation.

  • SDCL § 43-32-27

One hundred eighty days. It is a defense that the notice to vacate came more than one hundred eighty days after the event. Not renewing a written lease is not retaliation.

  • SDCL § 43-32-27

A tenant who wins has the remedies for an unlawful lockout, and the court may award attorney's fees.

  • SDCL § 43-32-28

A particular notice is a question for a licensed South Dakota attorney.

  • SDCL § 43-32-27
Sources for this section (2)
  1. SDCL § 43-32-27 — Cause of action against lessor for retaliatory conduct
  2. SDCL § 43-32-28 — Retaliatory conduct; Remedies; Attorney's fees

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.

On the clock

One period on this page runs out. Each is stated above with its authority; this is the same thing with the date attached.

Every deadline in the file →

From here

Walked through

This section is the long version of a step in 3 walkthroughs. Each one takes the same law one decision at a time, with both sides of the moment written out.