Landlord Entry Laws in South Dakota

How much notice does a landlord have to give in South Dakota?

Under S.D. Codified Laws § 43-32-32 (entry); § 43-32-6 (tenant remedies), landlords in South Dakota must give at least 24 hours' advance notice before entering your rental unit for non-emergency purposes. The statute does not require the notice to be in writing, though written notice is better practice.

Even with proper notice, entry is restricted to reasonable hours.

What is your landlord allowed to enter for in South Dakota?

Under S.D. Codified Laws § 43-32-32 (entry); § 43-32-6 (tenant remedies), permitted entry reasons in South Dakota include:

• Repairs and maintenance
• Inspections
• Showing to prospective tenants
• Showing to prospective buyers
• Agreed-upon services
• Emergencies

What counts as an emergency in South Dakota?

Emergency entry permitted without notice under § 43-32-32. Statute does not define 'emergency.' The South Dakota Attorney General's consumer-protection guidance cites smoke, fire, flooding, or explosion as typical examples. Entry is also excused when giving notice is 'impracticable.'

What are your remedies if your landlord enters without notice in South Dakota?

If your landlord violates entry rules in South Dakota, your remedies under S.D. Codified Laws § 43-32-32 (entry); § 43-32-6 (tenant remedies) may include:

• Court order stopping future violations (injunction)
• Right to terminate the lease
• Actual damages

In practice, start by documenting the unauthorized entry (photos, texts, a written log), then send a written objection citing the statute. If violations continue, consult a local tenant-rights attorney or your state's housing court.

Important South Dakota-specific notes

South Dakota is not a URLTA state. § 43-32-32 (enacted 2014) requires 'reasonable notice' of intent to enter and entry 'only at reasonable times,' except in emergency or when giving notice is impracticable. '24 hours' written notice is presumed to be reasonable notice' — a rebuttable presumption, not a hard statutory minimum. The notice must specify date(s) of entry, a period during normal business hours, the purpose of entry, and a means for the tenant to reschedule. Alternate notice methods may be mutually agreed upon in the lease. § 43-32-32 itself prescribes no remedy for violations; tenants rely on § 43-32-6 (unlawful exclusion remedy: two months' rent plus return of advance rent/deposits, injunctive relief, possession by suit, or lease termination) and common-law quiet-enjoyment claims.