Statutory cap, exemptions, and notice rules under S.D. Codified Laws § 43-32-26
South Dakota prohibits local rent control.
| Rule | Requirement | Source |
|---|---|---|
| Statewide cap | N/A — rent control banned | S.D. Codified Laws § 43-32-26 |
| 2025 maximum increase | No limit | — |
| Notice required | Typically 30–60 days written notice | State landlord-tenant law |
| Retaliation prohibited | Yes — increases cannot be retaliatory or discriminatory | Federal Fair Housing Act + state law |
South Dakota law (S.D. Codified Laws § 43-32-26) preempts local rent control, so there is no cap on rent increases. Landlords may raise rent with proper written notice.
No — South Dakota (S.D. Codified Laws § 43-32-26) expressly prohibits cities and counties from enacting rent control.
In South Dakota, landlords must generally provide at least 30 days' written notice before increasing rent for month-to-month tenants. For covered units under S.D. Codified Laws § 43-32-26, any increase above the allowable cap requires proper written notice and may require additional disclosures.
In South Dakota, there is no rent cap because rent control is preempted by state law. The increase can be any amount as long as proper notice is given and the increase is not retaliatory or discriminatory.
Statutory data sourced from published South Dakota law (S.D. Codified Laws § 43-32-26), BLS Consumer Price Index (2024–2025), and state agency publications. Census ACS 2023 5-Year Estimates for median rent. Last updated April 29, 2026. This page is informational only and does not constitute legal advice.
