When The Power Goes Off
SDCL § 43-32-6 — a landlord who cuts off heat, power, gas or water owes two months' rent in damages
The landlord keeps all electrical, plumbing and heating systems in good and safe working order, unless the tenant's own negligence or misconduct caused the problem.
Cutting it off on purpose. A landlord who willfully diminishes services by interrupting electric, gas, water or another essential service lets the tenant sue for an injunction, recover possession, or end the agreement, and in any case recover damages of two months' rent and the return of any advance rent and deposit.
A shutoff by the utility company for its own bill follows the utility's rules. A particular case is a question for a licensed South Dakota attorney.
Sources for this section (2)
- SDCL § 43-32-6 — Obligations of lessor of real property; Tenant's remedies against lessor
- 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
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.