Small amount of tenant's property left on premises presumed abandoned--Disposal
The property of a lessee, the total reasonable value of which does not exceed five 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.
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 five
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 handling 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.
Source: SL 1976, ch 267, § 8; SL 2008, ch 227, § 2.
43-32-27 Cause of action against lessor for retaliatory conduct.
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:
The lessor has received written notice from the lessee or a governmental agency that the
lessee has complained to a governmental agency charged with responsibility for
enforcement of a building or housing code violation applicable to the premises and
materially affecting health and safety, and the complaint is determined to be reported in
good faith; or
The lessee has given written notice to the lessor of a condition requiring repair pursuant
to § 43-32-9; or
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.
Source: SL 1994, ch 341, § 1.
43-32-28 Lessee's remedies for retaliatory conduct by lessor.
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 § 43-32-6. The court may award the
lessee reasonable attorney's fees, not to exceed five hundred dollars.
Source: SL 1994, ch 341, § 2.
43-32-29 Rights and remedies preserved.
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
Source: SL 1994, ch 341, § 3.
43-32-30 Disclosure of knowledge of existence of prior manufacturing of methamphetamines.
Disclosure of knowledge of existence of prior manufacturing of
In any hiring of a residential premises, any lessor who has actual knowledge of
the existence of any prior manufacturing of methamphetamines on the premises shall disclose that
information to any lessee or any person who may become a lessee. If the residential premises consists
of two or more housing units, the disclosure requirements provided by this section only apply to the
unit where there is knowledge of the existence of any prior manufacturing of methamphetamines.
Source: SL 2004, ch 272, § 1.
43-32-31 Notice to vacate and remove mobile or manufactured home from leased property.
Notice to vacate and remove mobile or manufactured home from leased property.
Any person who leases real property to an owner of a mobile or manufactured home shall, if the
property is developed for an alternate use, give no less than ninety days notice to vacate and remove
the home from the real property. The provisions of this section do not apply if the notice is based
upon a breach of the terms of a lease.
Source: SL 2008, ch 228, § 1.
South Dakota Legislature, all rights reserved.