South Dakota Codified Law § 43-32-27.1 prohibits landlords from retaliating against tenants who exercise their legal rights. Landlord retaliation occurs when a property owner takes adverse action—such as eviction, rent increases, or reduction of services—in response to a tenant’s protected activity. If a landlord takes adverse action within 90 days of a tenant’s protected activity (like reporting code violations), South Dakota law presumes retaliation unless the landlord proves otherwise. Tenants can recover actual damages plus attorney fees if they win a retaliation claim.
What Is Landlord Retaliation?
Landlord retaliation is any adverse action a landlord takes against a tenant because the tenant exercised a legal right or participated in a protected activity. In South Dakota, this includes eviction, rent increases, reduction of services, or other negative changes to the tenant’s housing situation triggered by the tenant’s complaint or legal action.
The harm from retaliation extends beyond financial loss. Retaliation creates a climate of fear that prevents tenants from reporting dangerous living conditions, organizing with other renters, or standing up for their rights. South Dakota’s anti-retaliation statute recognizes this by creating a legal presumption: if adverse action occurs within 90 days of protected activity, the law assumes retaliation happened unless the landlord proves otherwise—shifting the burden to the property owner.
South Dakota Anti-Retaliation Law: Key Facts
| Element | Details |
|---|---|
| Statute | SDCL § 43-32-27.1 |
| Presumption Period | 90 days from protected activity |
| Protected Activities | Reporting code violations, exercising rights under residential tenancy law |
| Remedies | Actual damages + attorney fees |
| Burden | Landlord must prove non-retaliatory reason within 90-day window |
Protected Activities in South Dakota
Under South Dakota law, tenants are protected when they report code violations to housing authorities or complain about habitability issues. Additionally, tenants gain protection when exercising any right under South Dakota’s residential tenancy statutes.
Protected activities include:
- Reporting code violations or habitability defects to local authorities
- Requesting repairs or maintenance
- Exercising rights under SDCL Chapter 43-32 (residential tenancy law)
- Complying with lease terms while asserting legal rights
What Counts as Retaliation in South Dakota
Any adverse action taken in response to protected activity can constitute retaliation. The most common forms include eviction, rent increases, reduction of utilities or services, harassment, or threatening to call immigration authorities.
Retaliatory actions may include:
- Terminating the tenancy or issuing a no-cause eviction notice
- Increasing rent or fees
- Reducing services (heat, water, repairs)
- Harassment or threatening behavior
- Removing amenities previously provided
The Presumption Period Explained
South Dakota’s 90-day presumption period is critical. If a landlord takes adverse action within 90 days of a tenant’s protected activity—such as reporting a code violation—the law presumes retaliation occurred. This shifts the burden to the landlord to prove the action had nothing to do with the tenant’s complaint.
However, this presumption applies only to specific protected activities and within the 90-day window. After 90 days, the tenant must prove retaliation by showing the landlord acted because of the protected activity, rather than for other legitimate reasons. Documentation of the timing between your complaint and the landlord’s action is therefore essential.
How to Prove Retaliation in South Dakota
To successfully prove landlord retaliation in South Dakota, follow these steps:
- Document the protected activity — Keep written records of complaints you made (dates, methods, what was reported).
- Record the adverse action — Note when the landlord took negative action (eviction notice, rent increase, etc.) and the date.
- Calculate the timeline — If the action occurred within 90 days, presumption favors you; document this clearly.
- Gather witness statements — Other tenants or third parties who witnessed retaliation or heard your complaints strengthen your case.
- Preserve communications — Keep all emails, texts, and letters with the landlord showing context.
- Consult an attorney — A South Dakota tenant rights attorney can evaluate your evidence and explain your options for damages.
Real Situations in South Dakota
A tenant in Sioux Falls reported broken heating to the city housing inspector, citing violations under SDCL § 43-32-27.1 regarding habitability. Within three weeks, the landlord issued a no-cause termination notice. Under the 90-day presumption period, the landlord must prove the eviction was not in response to the heating complaint—a difficult burden. The tenant can seek actual damages and attorney fees if the landlord cannot establish a non-retaliatory reason.
In Rapid City, a renter contacted the local health department about mold in the bathroom and documented the complaint in writing. Thirty days later, the landlord dramatically increased the rent by $300 per month. The close timing within South Dakota’s 90-day window creates a presumption of retaliation. The landlord would need to show the rent increase was independently planned and not motivated by the mold complaint.
A tenant in Aberdeen made a habitability complaint under South Dakota residential tenancy law and requested that the landlord make necessary repairs. Within 60 days, the landlord reduced the tenant’s access to shared amenities and threatened eviction over a minor lease violation never previously enforced. The proximity to the complaint and the selective enforcement of lease terms support a retaliation claim under SDCL § 43-32-27.1.
Common Mistakes South Dakota Tenants Make
Waiting too long after retaliation to file a claim. While there is no explicit statute of limitations in SDCL § 43-32-27.1 for retaliation claims, other aspects of tenant claims have time limits. Once 90 days pass, you lose the presumption and must prove causation directly—which is much harder. Report retaliation as soon as it happens.
Failing to document the protected activity. Landlords will claim they never received your complaint or that it wasn’t serious enough to warrant action. Send complaints in writing, keep copies, and use certified mail or emails that create a clear record. Verbal complaints are nearly impossible to prove months later.
Not preserving evidence of the landlord’s intent. Statements the landlord made about your complaint, angry texts or emails, or comments from maintenance workers about “that complaining tenant” all support your case. Save every communication. Deleted texts or emails cannot help you in court.
How to Take Action Against Retaliation in South Dakota
- Document everything immediately — Write down dates, times, what you complained about, and when the adverse action occurred. Keep all correspondence.
- Send a written complaint to the landlord — If you believe retaliation is happening, send a certified letter to the landlord stating your concern and requesting a written explanation. Keep proof of delivery.
- Report the retaliation to the South Dakota Attorney General’s Office, Consumer Protection — File a complaint at 605-773-4400 or online at the AG website (consumerprotection.sd.gov).
- Contact a South Dakota tenant rights attorney — Organizations like the South Dakota Tenants Union or legal aid societies can connect you with an attorney who handles retaliation claims and can pursue damages.
- Consider small claims or civil court — If damages are within small claims limits, you can file in circuit court. For larger damages (actual costs plus attorney fees), consult an attorney about filing a civil suit.
Statute of Limitations
South Dakota does not specify an explicit statute of limitations for retaliation claims under SDCL § 43-32-27.1. However, general South Dakota civil claims have a three-year statute of limitations. Retaliation claims should be filed as soon as possible after the adverse action, both to preserve evidence and to maximize the strength of your presumption (which applies only within 90 days of the protected activity).
Related Guides
- Tenant Rights Guide — the complete hub for tenant protections across all 50 states
- South Dakota Tenant Rights Guide — full tenant rights overview for South Dakota renters
- South Dakota Security Deposit Laws — security deposit rules and how to get your money back
- South Dakota Eviction Notice Requirements — eviction notice periods and tenant defenses in South Dakota
- South Dakota Small Claims Court — how to sue for retaliation damages without a lawyer
Disclaimer: This article provides general legal information about South Dakota landlord retaliation law as of March 2026. It is not a substitute for legal advice from a licensed South Dakota attorney. Retaliation laws are complex and fact-specific. Consult a tenant rights attorney in your area for advice on your particular situation.