South Dakota Habitability and Repair Duties

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.