Renter rights: How you are protected under South Dakota law
Renters in South Dakota certainly have their challenges, whether that's from rising rental rates, limited availability or dealing with landlords.
More than 40% of people living in Sioux Falls are renters, according to World Population Review, an organization that monitors the population using data from the United Nations, and landlord-tenant disputes can be common.
Most leases should spell out in detail the answers to common renting questions, like how much rent is and when it's due, if pets are allowed and who is responsible for utilities and maintence. But beyond that, it's important to know what rights you have as a renter in Sioux Falls.
Here are some questions you may have as a renter and whether South Dakota state law protects you in these cases, according to the Office of the Attorney General:
More: Sioux Falls residents are being priced out of rent, with some increases at nearly 50%
Can I ask for changes to my lease?
Yes. A prospective tenant may review a lease and recommend changes before signing if they dislike certain terms within in. However, it is also within a landlord's right to refuse amendments.
A landlord can change the terms of the lease later on after signing, but only if the tenant agrees to the changes. In that case, both the landlord and the tenant should date and initial the changes to the original lease or sign an addendum to the lease.
Both parties should revise a complete signed copy of the updated lease. There also needs to be a written agreement to cancel any lease.
Can I see the unit before I put down a deposit?
Yes. Prospective tenants have the right to inspect the rental unit, as well as the appliances and utilities, before they put any money down. Tenants can make a list of any problems they find and request a landlord sign it so that the tenant is not charged for those damages when moving out.
However, the law does not make this an obligation for the landlord. It is up to their discretion to sign a list or not.
Can I be held financially responsible for repairs?
First, a tenant should not sign a lease with a clause that states a landlord will never be liable for damage or personal injury, as this may be illegal. The law requires landlord to keep the property in "reasonable repair and fit for human habitation." The electrical, plumbing and heating systems must all be in safe working order, and the cost for repairs falls on the landlord most of the time.
However, this is not true in all cases. For example, if there is a plumbing issue and the tenant requests that a plumber come fix it on the weekend instead of a weekday, when it would be cheaper, it is within a landlord's right to charge the tenant for the added cost.
A tenant can't be charged for things that were already damaged upon move-in, which is why having both parties sign a list upon moving in is a good idea. But a tenant can be held financially responsible for any damage they caused beyond "ordinary wear and tear," which is a vague term that leaves interpretation open for the landlord.
What if my landlord isn't making repairs?
Tenants must first notify the landlord in writing of any repairs that need fixing then wait a "reasonable time" for the landlord to take care of it before taking matters into their own hands.
One option is to check with local housing inspectors to see if there are possible code violations, in which case the inspecting agency would require the landlord fix things.
More: Helpline Center data: More calls about housing and information services in 2021
If a landlord still isn't making necessary repairs, a tenant can make the repairs on their own and deduct the expense from their rent. A tenant also has the right to move out and be released from any further lease obligations, including rent, so long as the repairs are not minor.
If the repairs cost more than one month’s rent, the tenant, after making a written notice, can withhold rent until either the landlord makes repairs or the tenant has accumulated enough in withheld rent payments to pay for the repairs themselves.
It's always a keep idea to keep records of correspondences in case a landlord disputes either of these actions.
Can my landlord enter my apartment without notice?
No. A landlord must give tenants a 24-hour notice before entering the property to make a reasonable inspection, except in the event of an emergency. But if a tenant doesn't allow reasonable entry, the landlord can get a court order to allow entry or simply evict the tenant.
Can my landlord take my belongings if I don't pay rent?
Not exactly. A landlord cannot simply take a tenants belongings if they don't pay rent. But if a landlord wins in an eviction case after going to court and the tenant has to move out immediately, any belongings left behind may become the landlord's property.
Landlords are advised to give the tenant a reasonable time period to collect them before the belongs are sold or thrown out, but there is nothing in state law that says this is mandatory.
Will I be evicted for filing claims against my landlord?
It is within your right as a tenant to file a formal complaint against a landlord for not making necessary repairs. This also goes for complaining to government agencies who can make inspections on the property. South Dakota law states it is illegal for a landlord to force a tenant into moving because of these complaints, whether through raising rent, decreasing services or a formal eviction.
If I'm going to court over my eviction, can I stay on the property?
If you've received a Notice to Quit and haven't vacated the premises within the given time-frame, a landlord may move forward with the eviction process. If the tenant wishes to fight the eviction and things progress to a court hearing, the tenant has the right to remain on the property until the court rules in favor of the landlord and issues an Execution for Possession.
The Attorney General's office recommends contacting the Division of Consumer Protection for any other questions regarding landlord-tenant issues. But for legal advice, tenants should contact a private attorney.
A prospective tenant should ask the landlord any unit-specific questions before signing a lease.
This article originally appeared on Sioux Falls Argus Leader: More than 40% in Sioux Falls rent. Here's how state law protects them.
