South Dakota Statewide Rule
South Dakota Habitability and Repair Duties
Key Facts
- Landlord duty
- Reasonable repair, fit for habitation; working utilities (SDCL 43-32-8)
- Waivable?
- No; warranty cannot be waived
- Tenant remedy
- Repair-and-deduct or vacate after notice (SDCL 43-32-9)
- Major repairs
- Over one month's rent: withhold and escrow after written notice
Summary
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.
In every hiring of residential premises, whether in writing or parol, the lessor shall keep the premises and all common areas in reasonable repair and fit for human habitation and in good and safe working order during the term of the lease except when the disrepair has been caused by the negligent, willful or malicious conduct of the lessee or a person under his direction or control. The lessor shall maintain in good and safe working order and condition all electrical, plumbing, or heating systems of the premises, except when the disrepair has been caused by the negligent, willful or malicious conduct of the lessee or a person under his direction or control. The parties to a lease or hiring of residential premises may not waive or modify the requirements imposed by this section; however, the lessor may agree with the lessee that the lessee shall perform specified repairs or maintenance in lieu of rent.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
Is a South Dakota landlord required to keep a rental fit to live in?
Can a South Dakota tenant withhold rent for repairs?
Sources
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