South Dakota Statewide Rule
South Dakota Landlord Entry Rules
Key Facts
- Notice standard
- Reasonable; 24 hours' written notice presumed reasonable (SDCL 43-32-32)
- Entry hours
- Reasonable times; window during normal business hours
- Emergencies
- Entry allowed without notice when impracticable or in emergency
- Notice contents
- Date(s), time window, purpose, and reschedule method
Summary
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.
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 shall specify date or dates of entry, a period of time during normal business hours for entry, and the purpose of intended entry. The notice shall also specify a means for which the tenant may request to reschedule the entry.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
Does South Dakota require 24 hours' notice before a landlord enters?
What must a South Dakota entry notice include?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.