Can a landlord retaliate against a tenant for complaining in South Dakota?
No. In South Dakota, a tenant may sue a landlord who raises the rent above fair market value, cuts utility services, or gives a notice to vacate not based on a lease breach after the tenant makes a good-faith code complaint, gives written notice of a needed repair, or joins a tenants’ union, but a notice to vacate given more than 180 days after that event is a defense. Not renewing a written lease is not retaliation. Separately, the federal Fair Housing Act makes it unlawful to threaten or interfere with anyone for exercising fair housing rights. This is SDCL § 43-32-27.
| What | South Dakota |
|---|---|
| Retaliation by a landlord | Prohibited by statute |
| Time period in the statute | Protected for 180 days |
| How the period works | The protection is tied to a fixed period |
Source
SDCL § 43-32-27
Read the statute in the South Dakota Codified Laws (South Dakota Legislature): sdlegislature.gov.
Checked against the statute on October 23, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
When an owner prepares an eviction in Seayora, it lists any repair request opened on the unit in the last 180 days that is still open, not to stop the case but because the tenant will raise retaliation and the owner should have an answer. Every repair request keeps the date it was filed.
Guides on this rule
- Landlord Retaliation Laws: Protected Tenant Acts and Time Limits — When an eviction, rent increase or cut in services is presumed retaliatory: 180 days in California, six months in Texas, a year in New York.
Compare this rule in every state
More South Dakota rules
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- Every South Dakota rule on one page
The same question in other states
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