When The Landlord Will Not Fix It
SDCL § 43-32-9 — after notice and a reasonable time, repair and deduct, move out, or hold the rent in a separate account
The landlord keeps the premises and common areas in reasonable repair, fit for human habitation and in good and safe working order, unless the tenant or someone under the tenant's control caused the damage.
- Make the repair and deduct the cost from the rent, or recover it from the landlord.
- Move out, and owe no further rent.
Those are the tenant's choices if, within a reasonable time after notice, the landlord neglects a repair needed to make the place fit to live in.
Over a month's rent. If the repair costs more than one month's rent, the tenant may give written notice of the reason, withhold the rent and deposit it in a separate bank account kept only for the repair, with written evidence to the landlord. It is released when the landlord makes the repair, or used for the repair once there is enough.
Each step depends on the notice that came before it. A particular repair is a question for a licensed South Dakota attorney.
Sources for this section (2)
- 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 § 43-32-9 — Failure of lessor to repair premises; Lessee's remedies
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.