SDCL 43-32-8 requires every residential landlord to keep the premises and common areas in reasonable repair and fit for human habitation, including working electrical, plumbing, and heating systems. This warranty cannot be waived. If the landlord fails to repair after notice, SDCL 43-32-9 lets the tenant repair-and-deduct, withhold/escrow rent, or vacate.
SDCL 43-32-8 states that in a residential lease 'the lessor shall keep the premises and all common areas in reasonable repair and fit for human habitation,' except for damage from the tenant's own negligent, willful, or malicious conduct, and must keep electrical, plumbing, and heating systems in good working order. The warranty cannot be waived, though the tenant may agree to repair in lieu of rent. Under SDCL 43-32-9, if the landlord neglects required repairs within a reasonable time after notice, the tenant 'may repair the same himself and deduct the expense of such repairs from the rent,' or may vacate and be 'discharged from additional charges of rent.' If repairs exceed one month's rent, the tenant may, after written notice, withhold and escrow rent in a separate account for the repairs.
No specific statutory penalty. Remedies run to the tenant: repair-and-deduct, rent withholding into a dedicated escrow account, or vacating with discharge from further rent under SDCL 43-32-9.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Sioux Falls, SD
Sioux Falls Code § 93.008 prohibits operating a motor vehicle unless its exhaust system is free from defects, fitted with a muffler/noise-dissipative device,...
Sioux Falls, SD
Outdoor amplified music in Sioux Falls is subject to Chapter 93 use-district limits unless a special permit is obtained. The Main Street Sioux Falls Business...
Sioux Falls, SD
Sioux Falls Code § 93.003 sets maximum sound pressure levels at the property boundary: 60 dBA daytime / 55 dBA nighttime in residential use districts and 65 ...
Sioux Falls, SD
Aircraft-in-flight noise is preempted by federal law (FAA / 49 U.S.C. § 40103 navigable airspace) and is NOT regulated by Sioux Falls Code Chapter 93. Joe Fo...
Sioux Falls, SD
Sioux Falls treats abandoned, wrecked, dismantled, or inoperable vehicles as nuisances under § 93.026 of the City Code. On public streets, removal proceeds u...
Sioux Falls, SD
Sioux Falls § 160.480 permits standard residential fence materials (wood, vinyl, chain link, wrought iron, aluminum) but prohibits barbed wire and razor wire...
See how Sioux Falls's repairs & habitability rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.