South Dakota Late Fee Law
No South Dakota statute caps residential late fees or requires a grace period; the lease sets both.
Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed
South Dakota late fee law at a glance
| Late-fee cap | No state capSDCL ch. 43-32 (no section limits late fees) |
|---|---|
| Grace period | No state grace periodSDCL § 43-32-12 (rent due as agreed); ch. 43-32 has no grace period |
| Notice before filing for unpaid rent | No state ruleSDCL § 21-16-1(4), SDCL § 21-16-2 (repealed), SB 90 (2024), enrolled, SL 2024 ch 75, SDCL § 2-14-16 |
Notice before filing for unpaid rent
- In effect since .
- Before : A 3-day written notice to quit was required before filing for nonpayment or holdover (former SDCL § 21-16-2).
What South Dakota law says
Is there a limit on late fees in South Dakota?
South Dakota sets no cap on residential late fees; any late fee is whatever the lease provides (SDCL ch. 43-32, silent) (SDCL ch. 43-32 (no section limits late fees)).
Does South Dakota require a grace period before a late fee?
South Dakota sets no grace period before a late fee may be charged; rent is due when the lease says (SDCL § 43-32-12) (SDCL § 43-32-12 (rent due as agreed); ch. 43-32 has no grace period).
How much notice must a South Dakota landlord give for unpaid rent?
Since July 1, 2024, South Dakota law requires no written notice to quit before an eviction for unpaid rent; a landlord may file a forcible entry and detainer action once rent is 3 days past due, unless the lease requires notice (SDCL § 21-16-1(4); SB 90 (2024) repealed § 21-16-2).
How South Dakota compares
31 of 51 verified jurisdictions set no statutory cap. 14 require a grace period.
North Dakota, Nebraska, Wyoming and Montana follow the same rule as South Dakota; 2 of its 6 neighbors differ.
| Late-fee cap · grace period | States |
|---|---|
| No state cap · none | South Dakota, North Dakota, Nebraska, Wyoming, Montana |
| Statutory formula · none | Minnesota |
| Statutory standard, no fixed amount · none | Iowa |
Other South Dakota rules
| Security deposit limit | 1 month's rent (with exceptions)SDCL § 43-32-6.1 |
|---|---|
| Deposit return deadline | 21 days after the triggering eventSDCL § 43-32-24 (as amended by SL 2026, ch 179), 2026 S.D. Sess. Laws ch. 179 (SB 4), § 1, SDCL § 2-14-16 (acts without an effective-date clause take effect July 1) |
| Entry notice | 24 hours' noticeSDCL § 43-32-32 |
| Rent-increase notice | 30 days (Month-to-month only; notice must arrive at least 30 days before the end of the month, and the tenant may then terminate effective the first of the next month by giving notice within 15 days)SDCL § 43-32-13 |
| Month-to-month termination | 30 days (either side)SDCL § 43-32-15 |
Read the South Dakota law
Put the late fee and grace period in writing
Related
- Free late rent notice
- South Dakota lease agreement
- South Dakota landlord-tenant law
- Late fee laws in every state
- South Dakota notice to vacate
- South Dakota rent increase notice
- South Dakota security deposit return letter
- South Dakota notice of entry
- South Dakota lease termination letter
- South Dakota lease renewal letter