Under SDCL 43-32-32, a South Dakota landlord must give the tenant reasonable notice of intent to enter and enter only at reasonable times. Twenty-four hours' written notice is presumed reasonable unless the lease sets a different method or time. Emergencies are excepted, and the notice must state the date, time window, and purpose.
SDCL 43-32-32 provides: 'Except in case of an emergency or if it is impracticable to do so, a landlord or landlord's agent shall give the tenant reasonable notice of the landlord's intent to enter and enter only at reasonable times. Twenty-four hours written notice is presumed to be a reasonable notice unless alternate methods of notification or times for entry are mutually agreed upon between the landlord and tenant in the lease.' The notice must specify the date or dates of entry, a period of time during normal business hours for entry, and the purpose of intended entry, plus a means for the tenant to request to reschedule. In an emergency, or where notice is impracticable, the landlord may enter without the 24-hour notice.
No specific statutory penalty. A tenant subjected to entries without the required reasonable/24-hour notice may treat repeated unlawful entry as a breach supporting damages, injunctive relief, or a habitability/quiet-enjoyment claim under Chapter 43-32.
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