When you make the
decision to move off campus, you become a citizen of a
new, larger and more complex community. With such a move,
you will be taking on certain rights and
responsibilities. The following resources can provide you
with information about your legal rights and
responsibilities as a renter.
The following are
South Dakota laws. For more information, contact:
Dakota Plains Legal
Services
528 Kansas City
Street, Suite #1
Rapid City, SD 57701
605-342-7171
TITLE 21.
JUDICIAL REMEDIES
CHAPTER 21-3.
DAMAGES FOR TORTS
Treble damages for
forcible exclusion from real property.
For forcibly ejecting
or excluding a person from the possession of real
property, the measure of damages is three times such a sum
as would compensate for the detriment caused to him by the
act complained of. Title 21, Chap. 21-3, § 21-3-6.
Double damages for
failure of tenant to give up premises after notice of
intention.
For the failure of a
tenant to give up the premises held by him, when he has
given notice of his intention to do so, the measure of
damages is double the rent which he ought otherwise to
pay. Title 21, Chap. 21-3, § 21-3-7, See Cal Civ Code, §
3344.
Double damages for
holding over by tenant after expiration of term and notice
to quit.
For willfully holding
over real properly, by a tenant after the end of this
term, and after notice to quit has been duly given, and
demand of possession made, the measure of damages is
double the yearly value of the property, for the time of
withholding, in addition to compensation for the detriment
occasioned thereby. Title 21, Chap. 21-3, § 21-3-8.
TITLE 43.
PROPERTY
Leasing of real
property defined.
Leasing is a contract
by which one (the lessor or landlord) gives to another
(the lessee or tenant) temporary possession and use of
real property for reward and the lessee agrees to return
such property to the lessor at a future time. Title 43, §
43-32-1.
Limited term of
lease – Agricultural land – Municipal lots.
No lease or grant of
agricultural land for a longer period than twenty years,
in which shall be reserved any rent or service of any
kind, shall be valid. No lease or grant of any municipal
lot for a longer period than ninety-nine years, in which
shall be reserved any rent or service of any kind, shall
be valid. Title 43, § 43-32-2, See Cal Civ Code, § 717.
Hiring of real
property presumed for one year – Exception.
A hiring of real
property, other than lodgings in places where there is no
usage on the subject, is presumed to be for one year from
its commencement unless otherwise expressed in the
hiring. Title 43, § 43-32-3.
Hiring of lodgings
– Length of term – Presumption.
A hiring of lodgings
for an unspecified term is presumed to have been made for
such length of time as the parties adopt for the
estimation of the rent. Thus a hiring at a weekly rate of
rent is presumed to be for one week. In the absence of
any agreement respecting the length of time of the rent,
the hiring is presumed to be monthly. Title 43, §
43-32-4.
Lease of real
property for more than one year – Written contract
necessary.
No agreement for the
leasing of real property or an interest therein for a
longer period than one year is valid unless the same, or
some note or memorandum thereof, be in writing, signed by
the lessor or his agent thereunto authorized in writing.
Title 43, § 43-32-5, See Cal Civ Code, § 1741.
Obligations of
lessor of real property – Tenant’s remedies against lessor.
A lessor shall
deliver the leased premises to the lessee and secure his
quiet enjoyment thereof against all lawful claimants. If
the lessor of residential property unlawfully removes or
excludes the tenant from the premises or willfully
diminishes services to the tenant by interrupting or
causing the interruption of electric, gas, water, or other
essential service to the tenant, the tenant may sue for
injunctive relief, recover possession by suit, or
terminate the rental agreement and, in any case, recover
from the lessor damages in an amount equal to two months
rent and the return of any advance rent and deposit paid
to the lessor by the lessee. Title 43, § 43-32-6.
Maximum security
deposit for residential premises – Larger deposit by
mutual agreement.
Any deposit of money,
the function of which is to secure the performance of a
residential rental agreement or any part of such an
agreement, shall be deemed to be a security deposit. A
lessor of residential premises may not demand or receive a
security deposit, however denominated, in an amount or
value in excess of one month’s rent except that a larger
deposit may be agreed upon between the lessor and lessee
where special conditions pose a danger to maintenance of
the premises. Title 43, § 43-32-6.1.
Hiring part of
room for dwelling – Right to whole of the room for term
agreed upon.
Double letting
relieves tenant from obligation to pay rent. Title 43, §
43-32-7. Repealed by SL 1983, ch13, § 29.
Residential lessor
to keep premises in repair – Disrepair caused by lessee –
Agreements for repairs in lieu of rent – Liability to
third persons unaffected.
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.
The provisions of
this section shall be in addition to any covenants or
conditions imposed by law or ordinance or by the terms of
the lease. Nothing in this section shall be construed to
alter the liability of the lessor or lessee or residential
premises for injury to third parties. Title 43, §
43-32-8, See Cal Civ Code, § 1941.
Failure of lessor
to repair premises – Lessee’s remedies.
If within a
reasonable time after notice to the lessor of conditions
requiring repair to make the premises fit for human
habitation and to place the same in good and safe working
order which the lessor ought to repair he neglects to do
so, the lessee may repair the same himself and deduct the
expense of such repairs from the rent, or otherwise
recover it from the lessor; or the lessee may vacate the
premises, in which case he shall be discharged from
additional charges of rent or performance of other
conditions. If the cost of necessary repairs exceeds one
month’s rent, after written notice stating the specific
reason for the withholding, the lessee may withhold
payment of rent and immediately deposit it in a separate
bank or savings and loan account, written evidence of such
action to be provided to the lessor upon deposit,
maintained only for the purpose of making repairs until
such time as the lessor makes the repairs, at which time
the lessee shall release the deposit to the lessor or
until sufficient money is accumulated in the account for
the lessee to cause the repairs to be made and paid for.
Title 43, § 43-32-9, See Civ Code, § 1942.
Preservation of
premises by lessee.
In every hiring of
residential premises, whether in writing or parol, shall
preserve the premises, appliances, appurtenances and other
leased personalty in good condition, and repair all
deteriorations or damage thereto occasioned by his
negligent, willful or malicious conduct or such conduct of
persons acting under his direction or control. Title 43,
§ 43-32-10.
Use of premises
when leased for particular or specified purpose –
Responsibility of lessee – Rescission of contract.
If premises are
leased for a particular and specified purpose the tenant
must not use the premises for other purposes; and if he
does, the landlord may hold him responsible for the safety
of the premises during such use, at all events, or he may
treat the contract as thereby rescinded. Title 43, §
43-32-11.
Time for payment
of rent – Agricultural and wildland – Lodging –
Termination of hiring.
When there is no
contract or usage to the contrary, the rent of
agricultural and wildland is payable yearly at the end of
each year. Rents of lodgings are payable monthly at the
end of each month. Other rents are payable quarterly at
the end of each quarter from the time the hiring takes
effect. The rent for a hiring shorter than the periods
herein specified is payable at the termination of the
hiring. Title 43, § 43-32-12.
Modification of
lease – Written notice by landlord, effect – Termination
by tenant.
In all leases of
lands or tenements or of any interest therein from month
to month the landlord may, upon giving notice in writing
at least thirty days before the expiration of the month,
modify the terms of the lease to take effect at the
expiration of the month. The notice, when served upon the
tenant, shall of itself operate and be effectual to create
and establish as a part of the lease the terms, rent, and
conditions specified in the notice, if the tenant shall
continue to hold the premises after the expiration of the
month. The tenant may terminate his lease effective the
first day of the next month by providing notice of
termination to the landlord within fifteen days of receipt
by the tenant of the notice of modification. Title 43, §
43-32-13.
Retention of
possession by lessee after expiration of hiring –
Acceptance of rent by lessor – Renewal of hiring – Terms.
If a lessee of real
property remains in possession thereof after the
expiration of the hiring and the lessor accepts rent from
him, the parties are presumed to have renewed the hiring
on the same terms and for the same time, not exceeding one
year. Title 43, § 43-32-14.
Renewal of hiring
of real property presumed unless notice given of
termination.
A hiring of real
property for a term not specified by the parties is deemed
to be renewed as stated in § 43-32-14 at the end of the
term implied by law unless one of the parties gives notice
to the other of his intention to terminate the same at
least as long before the expiration thereof as the term of
the hiring itself, not exceeding one month. Title 43, §
43-32-15, See Cal Civ Code, § 1945.
Tenant receiving
notice of adverse proceedings – Duty to inform landlord.
Every tenant who
receives notice of any proceeding to recover the real
property occupied by him or the possession thereof must
immediately inform his landlord of the same and also
deliver to the landlord the notice, if in writing, and is
responsible to the landlord for all damages which he may
sustain by reason of any omission to inform him of the
notice or to deliver to him, if in writing. Title 43, §
43-32-16.
Attornment of
tenant to stranger, validity – Consent of landlord –
Judgment.
The attornment of a
tenant to a stranger is void unless it is made with the
consent of the landlord or in conswauence of a judgment of
a court of competent jurisdiction. Title 43, § 43-32-17.
Termination of
lease by landlord before end of agreed term – Use of
premises by tenant contrary to agreement – Neglect of
tenant to make repairs.
A landlord may
terminate a lease and reclaim the premises before the end
of the agreed term: (1) When the tenant uses or permits a
use of the premises in a manner contrary to the lease
agreement; (2) When the tenant does not within a
reasonable time after request make such repairs as he may
be bound to make. Title 43, § 43-32-18.
Termination of
lease by tenant – Neglect of landlord to place tenant in
quiet possession of premises – Neglect to keep premises in
good condition – Destruction of premises.
A tenant may
terminate a lease before the end of the term:
(1)
When the landlord does not within a reasonable time after
request fulfill his obligations,
if any, as to placing and securing the
tenant in quiet possession of the
premises or putting the premises
into good condition or repairing
the same; or
(2)
Then the greater part
of the leased premises or that part which was, and which
the landlord had at the time of leasing, reason to believe
was the material inducement to the tenant to enter into
the contract, is destroyed, from any other cause than the
ordinary negligence of the tenant. Title 43, § 43-32-19.
Assignment of
lease by lessee – Breach of agreement – Recovery of
psssession – Exception – Security for loan.
Whatever remedies the
lessor of any real property has against his immediate
lessee for the breach of any agreement in the lease or for
recovery of the possession, he has against the assignees
of the lessee for any cause of action accruing while they
are such assignees, except where the assignment is made by
way of security for a loan and is not accompanied by
possession of the premises. Title 43, § 43-32-20.
Assignment of
lease by lessor – Breach of agreement – Remedies of lessee
– Covenants excepted.
Whatever remedies the
lessee of any real property may have against his immediate
lessor, for the breach of any agreement in the lease, he
may have against the assigns of the lessor, and the
assigns of the lessee may have against the lessor and his
assigns, except upon covenants against encumbrances or
relating to the title or possession of the premises.
Tiele 43, § 43-32-21.
Termination of
lease – Agreed term – Mutual consent – Acquisition of
superior title by tenant.
A lease is
terminated:
(1)
By the expiration of the agreed term;
(2)
By the mutual consent of the parties;
(3)
By the tenant acquiring a title to the lease premises
superior to that
of the landlord. Title 43, §
43-32-22.1.
Continuation of
farm lease absent notice – Time for notice – Termination
without notice in case of default – Grassland included.
In the case of farm
tenants, occupying and cultivating agricultural land of
forty acres or more, under an oral lease, the tenancy
shall continue for the following crop year upon the same
terms and conditions as the original lease unless written
notice for termination is given by either party to the
other by September first, whereupon the tenancy shall
terminate March first following. The tenancy may not
continue because of absence of notice if there is default
in the performance of the existing rental agreement. For
the purpose of this section, agricultural land includes
grasslands, either native or tame. Title 43, § 43-32-23.
Termination of
lease at pleasure of either party – Death or incapacity to
contract – Exception.
If a lease is
terminable at the pleasure of one of the parties, it is
terminated by notice to the other of such party’s death or
incapacity to contract. In other cases it is not
terminated by such death or incapacity. Title 43, §
43-32-23.
Return of security
deposit after termination of tenancy – Withholding –
Itemized accounting – Forfeiture of withholding rights –
Punitive damages.
Every lessor of
residential premises shall, within two weeks after the
termination of the tenancy and receipt of the tenant’s
mailing address or delivery instructions, return the
security deposit to the tenant, or furnish to the tenant,
a written statement showing the specific reason for the
withholding of the deposit or any portion thereof. The
lessor may withhold from such deposit only such amounts as
are reasonably necessary to remedy tenant defaults in the
payment of rent or of other funds due to the landlord
pursuant to an agreement or to restore the premises to
their condition at the commencement of the tenancy,
ordinary wear and tear excepted. Within forty-five days
after termination of the tenancy, upon request of the
lessee, the lessor shall provide the lessee with an
itemized accounting of any deposit withheld. Any lessor
of residential premises who fails to comply with this
section shall forfeit all rights to withhold any portion
of such deposit. The bad faith retention of a deposit or
any portion of a deposit by a lessor of residential
premises in violation of this section, including failure
to provide the written statement and itemized accounting
required by this section, shall subject the lessor to
punitive damages not to exceed two hundred dollars. Title
43, § 43-32-24.
Small amount of
tenant’s property left on premises presumed abandoned –
Disposal by lessor.
The property of a
lessee, the total reasonable value of which does not
exceed on hundred dollars, left on leased residential
premises by the lessee for ten days after the lessee has
quit the premises, is presumed to have been abandoned by
the tenant and the lessor of the residential premises may
dispose of the abandoned property. Title 43, § 43-32-25.
Storage of
tenant’s valuable property left on premises – Lien –
Disposal as abandoned after waiting period.
The property of a
lessee, of a total reasonable value exceeding one hundred
dollars, left on leased residential premises by the lessee
after the lessee has quit the premises, shall be stored by
the lessor. The lessor shall have a lien on the property
to the extent of the costs of hauling and storing the
property. After storing the property for thirty days or
more the lessor may treat the property as abandoned and
dispose of it. Title 43, § 43-32-26.
Cause of action
against lessor for retaliatory conduct.
A cause of action may
arise in favor of a lessee and against a lessor of
residential property; including a manufactured or mobile
home community owner, for retaliation by the lessor
against the lessee if the lessor increases rents above
fair market value; if the lessor decreases electric, gas,
water, or sewer services; or if the lessor gives the
lessee notice to vacate the premises when such notice is
not based upon a breach of the terms of the lease;
subsequent to any of the following special events:
(1)
The lessor has received written notice from the lessee or
a
governmental agency charged with
responsibility for enforcement
of a building or housing code
ciolation applicable to the premises
and materially affecting health
and safety, and the complaint is
determined to be reported in good
faith; or
(2)
The lessee has given
written notice to the lessor of a condition
requiring repair
pursuant to § 43-32-9; or
(3)
The lessee has
organized or become a member of a tenant’s union
or organization. It
shall be a defense to this cause of action that the notice
to vacate the premises was given by the lessor more than
one hundred eighty days after the occurrence of a special
event. The failure of the lessor to renew any written
lease prior to or upon its expiration, is not
retaliation. Title 43, § 43-32-27.
Lessee’s remedies
for retaliatory conduct by lessor.
If the lessor acts in
violation of § 43-32-27, the lessee is entitled to the
remedies provided in § 43-32-27, the lessee is entitled to
the remedies provided in § 43-32-6. The court may award
the lessee reasonable attorney’s fees, not to exceed five
hundred dollars. Title 43, § 43-32-28.
Rights and
remedies preserved.
All other rights or
remedies of the lessor and the lessee pursuant to any
other provision of the law are preserved, except as
modified by §§ 43-32-27 and 43-32-28. Title 43, §
43-32-29.
