South Dakota Rent Increase Rules
At a glance
Notice before a rent increase
South Dakota requires 30 days' written notice before a rent increase takes effect.
The notice must be in writing and state the new rent amount and the effective date. Verbal notice alone is not sufficient. If your landlord raises rent without providing the required 30-day written notice, the increase is not legally effective and you may continue paying your current rent until proper notice is given and the notice period runs.
Limits on how much rent can increase
South Dakota has no statewide cap on rent increases. A landlord may raise rent by any amount with proper notice, as long as the increase is not retaliatory or discriminatory.
Rent increases during a fixed-term lease
In South Dakota — as in every U.S. state — a landlord cannot raise rent during a fixed-term lease (such as a 12-month lease) unless the lease itself contains a rent escalation clause allowing it. Your rent is locked in for the entire lease term. At renewal, the landlord may propose a new rent amount; you can accept, negotiate, or choose not to renew.
Retaliatory and discriminatory rent increases
Even where no cap exists, landlords in South Dakota cannot raise rent in retaliation for a tenant exercising a legal right — such as complaining to a housing inspector, requesting repairs, or organizing with other tenants. Retaliatory rent increases violate state law and federal fair housing laws. Similarly, a landlord cannot target a rent increase based on race, religion, national origin, sex, disability, or other protected classes.
Common questions about rent increases in South Dakota
Can my South Dakota landlord raise rent mid-lease?
No. Rent cannot be raised during a fixed-term lease unless the lease itself contains a rent escalation clause. The landlord can propose a new rent only when the lease renews or when you're month-to-month.
What happens if my South Dakota landlord doesn't give proper notice?
If your landlord raises rent without giving 30 days' written notice, the increase is not legally effective. You can continue paying the old amount until proper notice is provided and the notice period expires.
Does South Dakota have rent control?
No. South Dakota does not have statewide rent control or annual increase caps. Landlords may raise rent by any amount with proper notice.
Is the rent increase notice required to be in writing in South Dakota?
Yes. South Dakota requires written notice of a rent increase. Verbal notice alone is not sufficient. The notice should state the new rent amount and the date it takes effect.