Landlord retaliation law in South Dakota: the 180-day defense

What events trigger protection?

Section 43-32-27 names three "special events." One is that the lessor received written notice from the lessee or a governmental agency that the lessee complained to an agency responsible for enforcing a building or housing code violation affecting health and safety, and the complaint was determined to be reported in good faith. Another is that the lessee gave written notice to the lessor of a condition requiring repair under 43-32-9. The third is that the lessee organized or became a member of a tenant's union or organization. The statute covers residential property, including a manufactured or mobile home community.

What conduct is retaliation?

After a special event, three landlord acts can support a cause of action: increasing rents above fair market value, decreasing electric, gas, water or sewer services, or giving the lessee notice to vacate when the notice is not based on a breach of the lease. The first phrase is useful. A rent increase to fair market value is not within the statute, so a documented market basis protects an increase. A notice to vacate based on a lease breach is also outside it, which is why the ledger and the breach evidence matter.

How does the 180-day defense work?

The statute says it is a defense that the notice to vacate was given by the lessor more than one hundred eighty days after the occurrence of a special event. It also says that failing to renew a written lease before or on its expiration is not retaliation.

Example a made-up tenant gives a written repair request under 43-32-9 on Monday, November 2, 2026. Counting 180 days, the window ends on Saturday, May 1, 2027, so a notice to vacate given on Sunday, May 2, 2027 or later is more than 180 days after the event and the defense is available. A notice to vacate not based on a breach given on Friday, February 5, 2027 is inside the window and invites a claim.

What can a tenant recover?

Section 43-32-28 says that if the lessor violates 43-32-27, the lessee is entitled to the remedies in 43-32-6, and the court may award reasonable and customary attorney's fees on a verified itemized statement from counsel. Plan for fees as part of the exposure. A dispute that would cost a few hundred dollars in rent can cost several thousand once a lawyer's itemized bill is added, so settle a doubtful case early. Note also that the statute asks for good faith only on the code complaint, not on a repair request, so a written repair request is protected whatever the tenant's motive.

• Keep a rent comparison, such as nearby rents on the day you set the increase, dated before any complaint.
• Document the breach in writing when a notice rests on one.
• Answer repair requests in writing and log the repair dates.
• For a nonrenewal, show the lease end date was in the lease, and send the nonrenewal notice on the same schedule you use for every tenant.

Where does DoorKeeping fit?

DoorKeeping keeps the maintenance requests, tenant messages, rent ledger and notices for each unit in one timeline, so the date of a complaint and the date of your next action sit side by side. That record is what you show a judge. You decide and act yourself. This is general information, not legal advice: check the current statute, and ask a local attorney if a tenant raises retaliation.

Sources

1. SDCL 43-32-27, Cause of action against lessor for retaliatory conduct (South Dakota Legislature), read Oct 30, 2026
2. SDCL 43-32-28, Retaliatory conduct; remedies; attorney's fees (South Dakota Legislature), read Oct 30, 2026

Questions

What is the South Dakota retaliation window?

It is a defense that the notice to vacate came more than 180 days after the special event (SDCL 43-32-27).

Is a rent increase retaliation in South Dakota?

Only an increase above fair market value after a special event (SDCL 43-32-27).

Can a South Dakota tenant recover attorney fees for retaliation?

The court may award reasonable and customary fees (SDCL 43-32-28).