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Housing assistance in South Dakota

South Dakota's rental rules are in SDCL chapter 43-32 (leases) and chapter 21-16 (eviction, called forcible entry and detainer). Eviction cases move fast: a tenant has 5 days after being served to file an answer. Since July 1, 2026, landlords have 21 days instead of two weeks to return a deposit. Energy assistance is run centrally by the Department of Social Services' Office of Energy Assistance in Pierre. Free civil legal aid is reached through one online application at SD Law Help.

Last checked Sources

Where to apply for rental assistance and vouchers

Section 8 vouchers and public housing are run by local public housing agencies (PHAs). Each keeps its own waiting list, so apply to every agency serving places you could live. The state housing finance agency funds affordable apartments and homebuyer programs but usually does not take voucher applications.

Sioux Falls Housing and Redevelopment CommissionSioux FallsPublic housing agencyPennington County Housing and Redevelopment CommissionRapid CityPublic housing agencyAberdeen Housing & Redevelopment CommissionAberdeenPublic housing agency South Dakota HousingStatewideHousing finance agency Every housing agency in South DakotaHUD directoryFind agencies serving your area

Ask each agency: Is the waiting list open? How do I apply, and how will you contact me? Never pay to apply or to move up a list. See how to apply for Section 8 and how waiting lists work.

Programs and free legal help in South Dakota

Shelter and referrals

  • Helpline Center (211) Helpline Center

    Around-the-clock information and referral service that connects South Dakotans to community resources, including housing help, through its 211 resource search.

Energy and utility bills

Free legal help

  • SD Law Help East River Legal Services, Dakota Plains Legal Services and Access to Justice

    One online application for free civil legal help. It is forwarded to the right South Dakota legal aid program, which contacts you within 2–5 business days.

Official tenant guides

  • Landlord and Tenant Eviction Resources South Dakota Unified Judicial System

    Official court eviction forms and checklists for landlords and tenants, including the tenant's Answer form, which must be filed within 5 days of service. The Legal Form Helpline answers form questions but does not give legal advice.

    Call 1-855-784-0004

No statewide emergency rent program? Most rent help is local. Call 211 and ask which county, charity, or community action programs are taking applications now. See emergency rental assistance.

Key tenant laws in South Dakota

Statewide rules for most private rentals. Cities, counties, subsidized housing, and your lease can add protections, and some rules have exceptions. Read the linked law before relying on a deadline.

Security deposit limit

No more than one month's rent. A larger deposit is allowed only if the landlord and tenant agree to it because special conditions endanger upkeep of the premises.

SDCL 43-32-6.1

Deposit return deadline

Within 21 days after the tenancy ends and the landlord receives the tenant's mailing address, the landlord must return the deposit or give a written statement of the specific reasons for keeping any of it. Deductions are limited to unpaid rent or other money owed under an agreement and damage beyond ordinary wear and tear. The tenant may ask for an itemized accounting within 45 days. A landlord who does not comply loses the right to keep any of the deposit, and bad-faith retention can add up to $200 in punitive damages. The deadline changed from two weeks to 21 days under SB 4, effective July 1, 2026.

SDCL 43-32-24 (as amended by SL 2026, ch 179)

Notice before an eviction for unpaid rent

An eviction (forcible entry and detainer) case can be filed once a tenant fails to pay rent for 3 days after it is due. SB 90 (2024) repealed the former notice-to-quit section, SDCL 21-16-2, so check your lease for any notice it promises. The tenant must answer the court summons within 5 days of service.

SDCL 21-16-1(4), 21-16-7; SL 2024, ch 75

Landlord entry notice

Reasonable notice is required except in an emergency or when notice is impracticable. 24 hours' written notice is presumed reasonable unless the lease sets another method. The notice must give the date(s), a time window during normal business hours, the purpose, and a way for the tenant to ask to reschedule.

SDCL 43-32-32

Rent increases and rent control

South Dakota's lease law (SDCL ch. 43-32) has no statewide rent limit. For month-to-month tenancies, the landlord must give written notice at least 30 days before the end of the month to change the rent or other terms. The tenant may then end the lease by giving notice within 15 days.

SDCL 43-32-13

If the landlord won’t make repairs

If the landlord does not make needed habitability repairs within a reasonable time after notice, the tenant may repair and deduct the cost from rent, or move out and owe no further rent. If repairs would cost more than one month's rent, the tenant may give written notice and deposit the rent in a separate bank account, used only for the repairs, until the landlord fixes the problem.

SDCL 43-32-8, 43-32-9

This is general information, not legal advice. If you have a notice or court papers, contact legal aid right away. See facing eviction, security deposit rights, and repairs and habitability.

Phone lines that serve South Dakota

More local contacts: HUD’s South Dakota resource page.

Next steps

  1. Urgent? If you need shelter tonight or have an eviction court date, start with urgent housing help.
  2. Behind on rent: call 211 and apply to several programs at once. Use our payment plan letter to propose terms to your landlord in writing.
  3. Long-term help: apply to every housing agency above, plus income-restricted apartments. Gather your documents first.
  4. Check affordability: use the rent affordability calculator or the Section 8 rent calculator.

Sources

Checked October 10, 2026. Laws, programs, and agency websites change; confirm details with the agency or court before relying on them. Report a correction.

  1. SDCL 43-32-6.1 Maximum security depositSouth Dakota Legislature
  2. SDCL 43-32-24 Return of security depositSouth Dakota Legislature
  3. 2026 Senate Bill 4 (enrolled)South Dakota Legislature
  4. SDCL 2-14-16 Effective date of legislative actsSouth Dakota Legislature
  5. SDCL 21-16-1 Grounds for forcible entry and detainerSouth Dakota Legislature
  6. SDCL 21-16-2 (repealed)South Dakota Legislature
  7. SDCL 21-16-7 Time for appearance by defendantSouth Dakota Legislature
  8. 2024 Senate Bill 90 (enrolled)South Dakota Legislature
  9. SDCL 43-32-32 Notice of landlord's intent to enterSouth Dakota Legislature
  10. SDCL 43-32-13 Modification of leaseSouth Dakota Legislature
  11. SDCL 43-32-8 Residential lessor to keep premises in repairSouth Dakota Legislature
  12. SDCL 43-32-9 Failure of lessor to repairSouth Dakota Legislature
  13. Energy and Weatherization AssistanceSouth Dakota Department of Social Services
  14. Get Legal Help in South DakotaSouth Dakota Unified Judicial System
  15. SD Law HelpSD Law Help
  16. Landlord and Tenant Eviction ResourcesSouth Dakota Unified Judicial System
  17. UJS-109 Checklist for an Eviction Action (Rev. 07/2026)South Dakota Unified Judicial System
  18. Helpline CenterHelpline Center
  19. PHA Contact Information – South DakotaU.S. Department of Housing and Urban Development
  20. Sioux Falls HousingSioux Falls Housing and Redevelopment Commission
  21. Pennington County Housing and Redevelopment CommissionPennington County Housing and Redevelopment Commission
  22. Aberdeen Housing AuthorityAberdeen Housing & Redevelopment Commission