reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-3 - Homestead containing one or more lots or tracts of land--Contiguous tracts--Use in good faith.

43-31-3. Homestead containing one or more lots or tracts of land--Contiguous tracts--Use in good faith.
The homestead may contain one or more lots or tracts of land with the buildings thereon and other appurtenances, subject to the limitations contained in this code, but must in no case embrace different lots and tracts unless they are contiguous, or unless they are habitually and in good faith used as part of the same homestead.
Source:
SL 1874-5, ch 37, §7; PolC 1877, ch 38, §7; CL 1887, §2455; RPolC 1903, §3223; RC 1919, §458; SDC 1939, §51.1709.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-4 - Limited area of homestead--Mineral lands.

43-31-4. Limited area of homestead--Mineral lands.
If within a town plat the homestead must not exceed one acre in extent, and if not within a town plat, it must not embrace in the aggregate more than one hundred sixty acres. If the homestead is claimed upon any land, the title or right of possession to which was acquired or claimed under the laws of the United States, relating to mineral lands, then the area of the homestead, if within a town plat, shall not exceed one acre, and if without a town plat it must not exceed forty acres, if title thereto has been acquired as a placer claim, but if the title has been acquired under the laws of Congress as a lode mining claim, the area of such homestead shall not exceed five acres.
Source:
SL 1874-5, ch 37, §8; PolC 1877, ch 38, §8; SL 1885, ch 65, §2; CL 1887, §2456; RPolC 1903, §3224; SL 1909, ch 136; RC 1919, §459; SDC 1939, §51.1710.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-5 - Homestead exemption does not apply to gold and silver mines and mills.

43-31-5. Homestead exemption does not apply to gold and silver mines and mills.
No lode mining claim embracing any gold or silver mine, nor any gold or silver mill, nor any mill, smelter, or machinery intended or used for the reduction or milling of gold or silver ores shall be susceptible of being claimed or set off as exempt as a homestead.
Source:
SL 1885, ch 65, §1; CL 1887, §2468; RPolC 1903, §3236; RC 1919, §460; SDC 1939, §42.0101.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-6 - Selection of homestead, marking, platting, and recording--Execution against unselected homestead--Officer may mark off, plat, and record--Expense embraced in execution.

43-31-6. Selection of homestead, marking, platting, and recording--Execution against unselected homestead--Officer may mark off, plat, and record--Expense embraced in execution.
The owner or the husband or wife may select the homestead, and cause it to be marked off, platted, and recorded as provided in this code. If not so marked off, platted, and recorded, the officer having an execution against the property of such a defendant may cause the homestead to be marked off, platted, and recorded, and may add the expense thence arising to the amount embraced in his execution.
Source:
SL 1874-5, ch 37, §10; PolC 1877, ch 38, §10; CL 1887, §2458; RPolC 1903, §3226; RC 1919, §461; SDC 1939, §51.1711.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-7 - Marking off and platting of homestead--Exception.

43-31-7. Marking off and platting of homestead--Exception.
The homestead shall be marked off by fixed and visible monuments and platted, unless the same shall embrace the whole of a subdivision or lot, and in giving the description thereof, then marked off and platted as aforesaid, the direction and distance of the starting point from some corner of the dwelling house shall be stated.
Source:
SL 1874-5, ch 37, §11; PolC 1877, ch 38, §11; CL 1887, §2459; RPolC 1903, §3227; RC 1919, §462; SDC 1939, §51.1712.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-8 - Description of homestead--Recording.

43-31-8. Description of homestead--Recording.
The description of the homestead, certified and acknowledged by the owner, shall be recorded by the register of deeds of the proper county.
Source:
SL 1874-5, ch 37, §11; PolC 1877, ch 38, §11; CL 1887, §2459; RPolC 1903, §3227; RC 1919, §462; SDC 1939, §§51.1712, 51.1713; SL 1981, ch 13, §11; SL 2008, ch 226, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-9 - Change of homestead--Metes and bounds--Record of description--Prior conveyances or liens not prejudiced--Effect of nonconcurrence of spouse.

43-31-9. Change of homestead--Metes and bounds--Record of description--Prior conveyances or liens not prejudiced--Effect of nonconcurrence of spouse.
The owner may from time to time change the limits of the homestead by changing the metes and bounds, as well as the record of the description, or may change it entirely; but such changes shall not prejudice conveyances or liens made or created previously thereto; and no such change of the entire homestead made without the concurrence of the husband or wife shall affect his or her rights or those of the children.
Source:
SL 1874-5, ch 37, §12; PolC 1877, ch 38, §12; CL 1887, §2460; RPolC 1903, §3228; RC 1919, §463; SDC 1939, §51.1714; SL 1961, ch 263.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-11 - New homestead--Extent of exemption.

43-31-11. New homestead--Extent of exemption.
The new homestead shall in all cases be exempt to the same extent and in the same manner as the old or former homestead was exempt.
Source:
SL 1874-5, ch 37, §13; PolC 1877, ch 38, §13; CL 1887, §2461; RPolC 1903, §3229; RC 1919, §464; SDC 1939, §51.1714; SL 1961, ch 263.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-12 - Disagreement as to extent of homestead--Determination by circuit court.

43-31-12. Disagreement as to extent of homestead--Determination by circuit court.
When a disagreement takes place between the owner and any person adversely interested, as to whether any land or buildings are properly a part of the homestead, it shall be competent for the circuit court in any proper case to determine such question and all questions relating thereto.
Source:
SL 1874-5, ch 37, §14; PolC 1877, ch 38, §14; CL 1887, §2462; RPolC 1903, §3230; RC 1919, §465; SDC 1939, §51.1715.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-13 - Possession and occupancy of homestead--Surviving spouse--Minor children.

43-31-13. Possession and occupancy of homestead--Surviving spouse--Minor children.
Upon the death of either husband or wife, the survivor may continue to possess and occupy the whole homestead until it is otherwise disposed of according to law; and upon the death of both husband and wife the children may continue to possess and occupy the whole homestead until the youngest child becomes of age.
Source:
SL 1874-5, ch 37, §15; PolC 1877, ch 38, §15; CL 1887, §2463; RPolC 1903, §3231; RC 1919, §466; SDC 1939, §51.1716.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-13.1 - Owner's absence pursuant to protection order not waiver or abandonment of owner's interest.

43-31-13.1. Owner's absence pursuant to protection order not waiver or abandonment of owner's interest.
If an owner is required to leave a homestead pursuant to a protection order obtained by the owner's spouse or to otherwise preserve peace in the home, the owner's absence from the homestead may not be considered a waiver or abandonment of the owner's interest in the homestead, unless there is evidence to the contrary.
Source:
SL 2015, ch 223, §3.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-14 - Family defined.

43-31-14. Family defined.
A widow or widower, though without children, while continuing to occupy the homestead used as such at the time of the death of the husband or wife, or any family, whether consisting of one or more persons in actual occupancy of a homestead as defined in this code, shall be deemed and held to be a family within the meaning of the laws of this state relating to homesteads.
Source:
SL 1874-5, ch 37, §2; PolC 1877, ch 38, §§2, 19; CL 1887, §§2450, 2467; RPolC 1903, §§3216, 3235; RC 1919, §450; SDC 1939, §51.1702.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-15 - Descent of homestead--Exemption from debts of owner--Exception.

43-31-15. Descent of homestead--Exemption from debts of owner--Exception.
Such homestead shall descend according to the law of succession as provided by Title 29A, unless otherwise directed or disposed of by will, and shall be held exempt from any antecedent debt of the parent, and if it descends to the issue of either husband or wife it shall be held by such issue exempt from debts of such husband or wife, except as may be otherwise provided by law.
Source:
SL 1874-5, ch 37, §16; PolC 1877, ch 38, §16; CL 1887, §2464; RPolC 1903, §3232; RC 1919, §467; SL 1935, ch 129; SDC 1939, §51.1717.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-16 - Sale of homestead for payment of debts where no husband or wife surviving, and no issue.

43-31-16. Sale of homestead for payment of debts where no husband or wife surviving, and no issue.
If there be no husband or wife surviving, and no issue, the homestead shall be liable to be sold for the payment of any debts to which it might at that time be subjected if it had never been held as a homestead.
Source:
SL 1874-5, ch 37, §17; PolC 1877, ch 38, §17; CL 1887, §2465; RPolC 1903, §3233; RC 1919, §468; SDC 1939, §51.1717.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-17 - Execution by husband and wife necessary for conveyance or encumbrance--Exception for prisoner of war or missing in action.

43-31-17. Execution by husband and wife necessary for conveyance or encumbrance--Exception for prisoner of war or missing in action.
A conveyance or encumbrance of a homestead by its owner, if married and both husband and wife are residents of this state, is valid if both husband and wife concur in and sign or execute such conveyance or encumbrance either by joint instrument or by separate instruments. However, for the sole purpose of a spouse of a person in the armed forces making application for a home loan under 38 U.S.C. 1701, et seq., the signature of the spouse alone is sufficient to convey or encumber the homestead if the person in the armed forces is officially declared to be: missing in action, captured in line of duty by a hostile force, or forcibly detained or interned in line of duty by a foreign government or power.
Source:
SL 1874-5, ch 51, §3; PolC 1877, ch 38, §3; CL 1887, §2451; SL 1891, ch 77, §1; RPolC 1903, §§3217, 3219; RC 1919, §451; SL 1921, ch 255; SDC 1939, §51.1703; SL 1972, ch 234; SL 1983, ch 13, §24.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-18 - Application by spouse of protected person for conveyance or encumbrance by conservator.

43-31-18. Application by spouse of protected person for conveyance or encumbrance by conservator.
If the spouse of a protected person is the owner of a homestead, such spouse may make application to the circuit court for any county where such homestead, or any part thereof, is located for an order directing the conservator of such protected person to join with such spouse in a conveyance or encumbrance of such homestead.
Source:
SDC 1939, §51.1704; SL 1972, ch 233, §7; SL 1993, ch 213, §237.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-19 - Application for order requiring guardian of mentally ill or incompetent spouse to join in conveyance or mortgage of homestead--Verification--Contents.

43-31-19. Application for order requiring guardian of mentally ill or incompetent spouse to join in conveyance or mortgage of homestead--Verification--Contents.
An application for the order provided for in §43-31-18 must be duly verified and must state fully the facts on which the application is based.
Source:
SDC 1939, §51.1705.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-20 - Time and place for hearing application for order requiring guardian of mentally ill or incompetent spouse to join in conveyance or mortgage of homestead--Order fixing.

43-31-20. Time and place for hearing application for order requiring guardian of mentally ill or incompetent spouse to join in conveyance or mortgage of homestead--Order fixing.
Upon such application being filed the court must make an order fixing a time and place for hearing, which time must be at least twenty days from the filing of the application.
Source:
SDC 1939, §51.1705.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-21 - Service of application and order for conservator of incapacitated spouse to join in conveyance or mortgage of homestead.

43-31-21. Service of application and order for conservator of incapacitated spouse to join in conveyance or mortgage of homestead.
Service of such application and order shall be made at least ten days prior to the time fixed for such hearing and shall be made in the same manner as service of a summons in a civil action and shall be made upon the person alleged to be incapacitated, in any case where there has been no appointment of a conservator. If there has been such an appointment, then such service shall be upon the conservator.
Source:
SDC 1939, §51.1705; SL 1993, ch 213, §238.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-22 - Appointment of guardian ad litem on whom service of application and order may be made to require incapacitated spouse to join in conveyance or mortgage of homestead.

43-31-22. Appointment of guardian ad litem on whom service of application and order may be made to require incapacitated spouse to join in conveyance or mortgage of homestead.
If there has been an adjudication of incapacity but no such conservator is acting, the court shall appoint a guardian ad litem on whom such service shall be made, and the guardian ad litem shall represent and protect throughout the proceedings the rights of the person adjudged to be incapacitated.
Source:
SDC 1939, §51.1705; SL 1993, ch 213, §239.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-23 - Order of court on application to require guardian of mentally ill or incompetent spouse to join in conveyance or mortgage of homestead--Findings of fact and conclusions of law.

43-31-23. Order of court on application to require guardian of mentally ill or incompetent spouse to join in conveyance or mortgage of homestead--Findings of fact and conclusions of law.
At the conclusion of such hearing, the court must make findings of fact and conclusions of law as the basis of such order as may be entered.
Source:
SDC 1939, §51.1705.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-24 - Court determination as to incapacity--Order to conservator to join in conveyance or encumbrance.

43-31-24. Court determination as to incapacity--Order to conservator to join in conveyance or encumbrance.
If the court determines that such incapacitated person has been in an incapacitated condition for at least three years, or that such condition is incurable, it may make an order directing the conservator to join in such conveyance or encumbrance with the same effect as if such incapacitated person had, while competent, joined therein.
Source:
SDC 1939, §51.1704; SL 1972, ch 233, §8; SL 1993, ch 213, §240.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-25 - Appointment of conservator to join in conveyance or encumbrance for incapacitated spouse--No bond--Termination of conservatorship.

43-31-25. Appointment of conservator to join in conveyance or encumbrance for incapacitated spouse--No bond--Termination of conservatorship.
If there is no conservator of such incapacitated person, such application shall be deemed to include an application for appointment of such conservator, and if the application is granted, the order shall include an appointment of such conservator and if such incapacitated person has no property other than such homestead right, no bond may be required of such conservator, and the conservator's duties shall be deemed terminated and the conservatorship closed upon the conveyance or encumbrance being executed.
Source:
SDC 1939, §51.1704; SL 1972, ch 233, §9; SL 1993, ch 213, §241.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-26 - Recording of certified copy of order requiring guardian of mentally ill or incompetent spouse to join in conveyance or mortgage of homestead.

43-31-26. Recording of certified copy of order requiring guardian of mentally ill or incompetent spouse to join in conveyance or mortgage of homestead.
A duly certified copy of such order shall be recorded in the office of the register of deeds of the county where such homestead, or any part thereof, is located.
Source:
SDC 1939, §51.1704.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-27 - Devise or bequest of homestead subject to rights of surviving spouse.

43-31-27. Devise or bequest of homestead subject to rights of surviving spouse.
Subject to the rights of the surviving husband or wife as declared by law, the homestead, if consisting of real property, may be devised like other real property of the testator, or if a mobile home may be bequeathed like other personal property of the testator.
Source:
SL 1874-5, ch 37, §18; PolC 1877, ch 38, §18; CL 1887, §2466; RPolC 1903, §3234; RC 1919, §469; SDC 1939, §51.1718; SL 1972, ch 233, §10.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-29 - Homestead liable for accrued taxes--Sale for payment of taxes certified and recorded--Exceptions. =

43-31-29. Homestead liable for accrued taxes--Sale for payment of taxes certified and recorded--Exceptions.
The homestead shall be liable for taxes accruing thereon, and if certified and recorded as hereinbefore directed, shall be liable only for such taxes, and may be sold to pay the same except as provided in §§10-23-7, 43-31-1, or 43-45-3.
Source:
SL 1874-5, ch 37, §4; PolC 1877, ch 38, §4; CL 1887, §2452; RPolC 1903, §3220; RC 1919, §454; SDC 1939, §51.1706; SL 1980, ch 296, §4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 31 - Homestead Exemption › Section 43-31-30 - Certain federal bankruptcy exemptions not available.

43-31-30.Certain federal bankruptcy exemptions not available.
In accordance with the provision of §522(b) of the Bankruptcy Code of 1978 (11 U.S.C. §522(b)), residents of this state are not entitled to the federal exemptions provided in §522(d) of the Bankruptcy Code of 1978 (11 U.S. C. §522(d)), exemptions which this state specifically does not authorize. Nothing herein affects the exemptions given to residents of this state by the state Constitution and the South Dakota statutes.
Source:
SL 1980, ch 297.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-1 - Leasing of real property defined.

43-32-1. Leasing of real property defined.
Leasing is a contract by which one (the lessor or landlord) gives to another (the lessee or tenant) temporary possession and use of real property for reward and the lessee agrees to return such property to the lessor at a future time.
Source:
SDC 1939, §38.0401.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-2 - Limited term of lease--Agricultural land--Municipal lots.

43-32-2. Limited term of lease--Agricultural land--Municipal lots.
No lease or grant of agricultural land for a longer period than twenty years, in which shall be reserved any rent or service of any kind, shall be valid.
No lease or grant of any municipal lot for a longer period than ninety-nine years, in which shall be reserved any rent or service of any kind, shall be valid.
Source:
CivC 1877, §203; CL 1887, §2719; RCivC 1903, §226; RC 1919, §296; SL 1921, ch 277; SDC 1939, §38.0403; SL 1977, ch 343; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-3 - Hiring of real property presumed for one year--Exception.

43-32-3. Hiring of real property presumed for one year--Exception.
A hiring of real property, other than lodgings in places where there is no usage on the subject, is presumed to be for one year from its commencement unless otherwise expressed in the hiring.
Source:
CivC 1877, §1116; CL 1887, §3739; RCivC 1903, §1435; RC 1919, §1059; SDC 1939, §38.0411.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-4 - Hiring of lodgings--Length of term--Presumption.

43-32-4. Hiring of lodgings--Length of term--Presumption.
A hiring of lodgings for an unspecified term is presumed to have been made for such length of time as the parties adopt for the estimation of the rent. Thus a hiring at a weekly rate of rent is presumed to be for one week. In the absence of any agreement respecting the length of time of the rent, the hiring is presumed to be monthly.
Source:
CivC 1877, §1117; CL 1887, §3740; RCivC 1903, §1436; RC 1919, §1060; SDC 1939, §38.0412.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-5 - Lease of real property for more than one year--Written contract necessary.

43-32-5. Lease of real property for more than one year--Written contract necessary.
No agreement for the leasing of real property or an interest therein for a longer period than one year is valid unless the same, or some note or memorandum thereof, be in writing, signed by the lessor or his agent thereunto authorized in writing.
Source:
CivC 1877, §993; CL 1887, §3617; RCivC 1903, §1311; RC 1919, §856; SDC 1939, §38.0402.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-6 - Obligations of lessor of real property--Tenant's remedies against lessor.

43-32-6. Obligations of lessor of real property--Tenant's remedies against lessor.
A lessor shall deliver the leased premises to the lessee and secure his quiet enjoyment thereof against all lawful claimants.
If the lessor of residential property unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water, or other essential service to the tenant, the tenant may sue for injunctive relief, recover possession by suit, or terminate the rental agreement and, in any case, recover from the lessor damages in an amount equal to two months rent and the return of any advance rent and deposit paid to the lessor by the lessee.
Source:
SDC 1939, §38.0404; SL 1976, ch 267, §1; SL 1982, ch 299.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-6.1 - Maximum security deposit for residential premises--Larger deposit by mutual agreement.

43-32-6.1. Maximum security deposit for residential premises--Larger deposit by mutual agreement.
Any deposit of money, the function of which is to secure the performance of a residential rental agreement or any part of such an agreement, shall be deemed to be a security deposit. A lessor of residential premises may not demand or receive a security deposit, however denominated, in an amount or value in excess of one month's rent except that a larger deposit may be agreed upon between the lessor and the lessee where special conditions pose a danger to maintenance of the premises.
Source:
SL 1976, ch 267, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-8 - Residential lessor to keep premises in repair--Disrepair caused by lessee--Agreements for repairs in lieu of rent--Liability to third persons unaffected.

43-32-8. Residential lessor to keep premises in repair--Disrepair caused by lessee--Agreements for repairs in lieu of rent--Liability to third persons unaffected.
In every hiring of residential premises, whether in writing or parol, the lessor shall keep the premises and all common areas in reasonable repair and fit for human habitation and in good and safe working order during the term of the lease except when the disrepair has been caused by the negligent, willful or malicious conduct of the lessee or a person under his direction or control. The lessor shall maintain in good and safe working order and condition all electrical, plumbing, or heating systems of the premises, except when the disrepair has been caused by the negligent, willful or malicious conduct of the lessee or a person under his direction or control.
The parties to a lease or hiring of residential premises may not waive or modify the requirements imposed by this section; however, the lessor may agree with the lessee that the lessee shall perform specified repairs or maintenance in lieu of rent.
The provisions of this section shall be in addition to any covenants or conditions imposed by law or ordinance or by the terms of the lease. Nothing in this section shall be construed to alter the liability of the lessor or lessee of residential premises for injury to third parties.
Source:
CivC 1877, §1114; CL 1887, §3737; RCivC 1903, §1433; RC 1919, §1057; SDC 1939, §38.0409; SL 1976, ch 267, §4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-9 - Failure of lessor to repair premises--Lessee's remedies.

43-32-9. Failure of lessor to repair premises--Lessee's remedies.
If within a reasonable time after notice to the lessor of conditions requiring repair to make the premises fit for human habitation and to place the same in good and safe working order which the lessor ought to repair he neglects to do so, the lessee may repair the same himself and deduct the expense of such repairs from the rent, or otherwise recover it from the lessor; or the lessee may vacate the premises, in which case he shall be discharged from additional charges of rent or performance of other conditions.
If the cost of necessary repairs exceeds one month's rent, after written notice stating the specific reason for the withholding, the lessee may withhold payment of rent and immediately deposit it in a separate bank or savings and loan account, written evidence of such action to be provided to the lessor upon deposit, maintained only for the purpose of making repairs until such time as the lessor makes the repairs, at which time the lessee shall release the deposit to the lessor or until sufficient money is accumulated in the account for the lessee to cause the repairs to be made and paid for.
Source:
CivC 1877, §1115; CL 1887, §3738; RCivC 1903, §1434; RC 1919, §1058; SDC 1939, §38.0410; SL 1976, ch 267, §5.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-10 - Preservation of premises by lessee.

43-32-10. Preservation of premises by lessee.
In every hiring of residential premises, whether in writing or parol, the lessee shall preserve the premises, appliances, appurtenances, and other leased personality in good condition, and repair all deteriorations or damage thereto occasioned by his negligent, willful or malicious conduct or such conduct of persons acting under his direction or control.
Source:
SDC 1939, §38.0404; SL 1976, ch 267, §6.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-11 - Use of premises when leased for particular or specified purpose--Responsibility of lessee--Rescission of contract.

43-32-11. Use of premises when leased for particular or specified purpose--Responsibility of lessee--Rescission of contract.
If premises are leased for a particular and specified purpose the tenant must not use the premises for other purposes; and if he does, the landlord may hold him responsible for the safety of the premises during such use, at all events, or he may treat the contract as thereby rescinded.
Source:
SDC 1939, §38.0419.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-12 - Time for payment of rent--Agricultural and wildland--Lodging--Termination of hiring.

43-32-12. Time for payment of rent--Agricultural and wildland--Lodging--Termination of hiring.
When there is no contract or usage to the contrary, the rent of agricultural and wildland is payable yearly at the end of each year. Rents of lodgings are payable monthly at the end of each month. Other rents are payable quarterly at the end of each quarter from the time the hiring takes effect. The rent for a hiring shorter than the periods herein specified is payable at the termination of the hiring.
Source:
CivC 1877, §1120; CL 1887, §3743; RCivC 1903, §1439; RC 1919, §1063; SDC 1939, §38.0414.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-13 - Modification of lease--Written notice by landlord, effect--Termination by tenant.

43-32-13. Modification of lease--Written notice by landlord, effect--Termination by tenant.
In all leases of lands or tenements or of any interest therein from month to month the landlord may, upon giving notice in writing at least thirty days before the expiration of the month, modify the terms of the lease to take effect at the expiration of the month. The notice, when served upon the tenant, shall of itself operate and be effectual to create and establish as a part of the lease the terms, rent, and conditions specified in the notice, if the tenant shall continue to hold the premises after the expiration of the month. The tenant may terminate his lease effective the first day of the next month by providing notice of termination to the landlord within fifteen days of receipt by the tenant of the notice of modification.
Source:
CivC 1877, §261; CL 1887, §2777; RCivC 1903, §284; RC 1919, §354; SDC 1939, §38.0417; SL 1980, ch 298.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-14 - Retention of possession by lessee after expiration of hiring--Acceptance of rent by lessor--Renewal of hiring--Terms.

43-32-14. Retention of possession by lessee after expiration of hiring--Acceptance of rent by lessor--Renewal of hiring--Terms.
If a lessee of real property remains in possession thereof after the expiration of the hiring and the lessor accepts rent from him, the parties are presumed to have renewed the hiring on the same terms and for the same time, not exceeding one year.
Source:
CivC 1877, §1118; CL 1887, §3741; RCivC 1903, §1437; RC 1919, §1061; SDC 1939, §38.0415.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-15 - Renewal of hiring of real property presumed unless notice given of termination.

43-32-15. Renewal of hiring of real property presumed unless notice given of termination.
A hiring of real property for a term not specified by the parties is deemed to be renewed as stated in §43-32-14 at the end of the term implied by law unless one of the parties gives notice to the other of his intention to terminate the same at least as long before the expiration thereof as the term of the hiring itself, not exceeding one month.
Source:
CivC 1877, §1119; CL 1887, §3742; RCivC 1903, §1438; RC 1919, §1062; SDC 1939, §38.0416.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-16 - Tenant receiving notice of adverse proceedings--Duty to inform landlord.

43-32-16. Tenant receiving notice of adverse proceedings--Duty to inform landlord.
Every tenant who receives notice of any proceeding to recover the real property occupied by him or the possession thereof must immediately inform his landlord of the same and also deliver to the landlord the notice, if in writing, and is responsible to the landlord for all damages which he may sustain by reason of any omission to inform him of the notice or to deliver to him, if in writing.
Source:
CivC 1877, §1121; CL 1887, §3744; RCivC 1903, §1440; RC 1919, §1064; SDC 1939, §38.0418.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-17 - Attornment of tenant to stranger, validity--Consent of landlord--Judgment.

43-32-17. Attornment of tenant to stranger, validity--Consent of landlord--Judgment.
The attornment of a tenant to a stranger is void unless it is made with the consent of the landlord or in consequence of a judgment of a court of competent jurisdiction.
Source:
CivC 1877, §1121; CL 1887, §3744; RCivC 1903, §1440; RC 1919, §1064; SDC 1939, §38.0418.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-18 - Termination of lease by landlord before end of agreed term--Use of premises by tenant contrary to agreement--Neglect of tenant to make repairs.

43-32-18. Termination of lease by landlord before end of agreed term--Use of premises by tenant contrary to agreement--Neglect of tenant to make repairs.
A landlord may terminate a lease and reclaim the premises before the end of the agreed term:
(1)When the tenant uses or permits a use of the premises in a manner contrary to the lease agreement; or
(2)When the tenant does not within a reasonable time after request make such repairs as he may be bound to make.
Source:
SDC 1939, §38.0420.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-18.1 - Eviction of tenant--Limitations.

43-32-18.1  .  Eviction of tenant--Limitations.
A lease governing residential property may not include any term that authorizes the eviction of a tenant who calls or otherwise seeks assistance from law enforcement or other emergency responders because of an alleged incident of domestic abuse, unlawful sexual behavior, or stalking.
Nothing in this chapter authorizes the eviction of a tenant solely because the tenant or a member of the tenant's household is the victim of alleged domestic abuse, unlawful sexual behavior, or stalking.
Source:  SL 2020, ch 190, § 1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-19 - Termination of lease by tenant--Causes.

43-32-19. Termination of lease by tenant--Causes.
A tenant may terminate a lease before the end of the term if:
(1)The landlord does not, within a reasonable time after written request, fulfill obligations, if any, as to placing and securing the tenant in quiet possession of the premises or putting the premises into good condition or repairing the same;
(2)The greater part of the leased premises or that part which was, and which the landlord had at the time of leasing, reason to believe was the material inducement to the tenant to enter into the lease, is destroyed, from any other cause than the ordinary negligence of the tenant; or
(3)The tenant meets the provisions of §43-32-19.1.
Source:
SDC 1939, §38.0421; SL 2020, ch 190, § 2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-19.1 - Domestic abuse--Unlawful sexual behavior--Stalking--Termination of lease--Notice requirements.

43-32-19.1  .  Domestic abuse--Unlawful sexual behavior--Stalking--Termination of lease--Notice requirements.
If a tenant or a member of the tenant's household is the victim of alleged domestic abuse, unlawful sexual behavior, or stalking, the tenant may terminate the lease and vacate the rental unit without penalty for early termination on or before a specified date, provided:
(1) The tenant notifies the landlord in writing that the termination is due to the tenant's fear of imminent danger or injury to the tenant or to a member of the tenant's household; and
(2) The tenant attaches to the notice:
(a) A police report regarding an alleged incident of domestic abuse, unlawful sexual behavior, or stalking, signed during the thirty-day period immediately preceding the date of the notice;
(b) A protection order issued during the thirty-day period immediately preceding the date of the notice, in response to an alleged incident of domestic abuse, unlawful sexual behavior, or stalking; or
(c) Documentation signed by a licensed health care provider indicating that:
(i) During the thirty-day period immediately preceding the date of the notice, the provider examined the tenant or a member of the tenant's household;
(ii) The examination was within the provider's scope of practice; and
(iii) As a result of the examination, the provider has reasonable cause to believe that the tenant or a member of the tenant's household was a victim of alleged domestic abuse, unlawful sexual behavior, or stalking.
A tenant who provides a notice of termination in accordance with this section is not liable to pay any otherwise applicable early termination fee or the rent applicable to the month following that in which the tenant vacates the premises.
Source:  SL 2020, ch 190, § 3.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-19.2 - Contact information--Disclosure--Limitation.

43-32-19.2  .  Contact information--Disclosure--Limitation.
If in accordance with a termination authorized by §  43-32-19.1   a tenant provides to the landlord a forwarding address or other contact information, the landlord may not disclose that information to any person except with the consent of the tenant or as required by law.
Source:  SL 2020, ch 190, § 4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-20 - Assignment of lease by lessee--Breach of agreement--Recovery of possession--Remedies of lessor--Exception--Security for loan.

43-32-20. Assignment of lease by lessee--Breach of agreement--Recovery of possession--Remedies of lessor--Exception--Security for loan.
Whatever remedies the lessor of any real property has against his immediate lessee for the breach of any agreement in the lease or for recovery of the possession, he has against the assignees of the lessee for any cause of action accruing while they are such assignees, except where the assignment is made by way of security for a loan and is not accompanied by possession of the premises.
Source:
CivC 1877, §260; CL 1887, §2776; RCivC 1903, §283; RC 1919, §353; SDC 1939, §38.0408.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-21 - Assignment of lease by lessor--Breach of agreement--Remedies of lessee--Covenants excepted.

43-32-21. Assignment of lease by lessor--Breach of agreement--Remedies of lessee--Covenants excepted.
Whatever remedies the lessee of any real property may have against his immediate lessor, for the breach of any agreement in the lease, he may have against the assigns of the lessor, and the assigns of the lessee may have against the lessor and his assigns, except upon covenants against encumbrances or relating to the title or possession of the premises.
Source:
CivC 1877, §260; CL 1887, §2776; RCivC 1903, §283; RC 1919, §353; SDC 1939, §38.0408.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-22 - Termination of lease--Agreed term--Mutual consent--Acquisition of superior title by tenant.

43-32-22. Termination of lease--Agreed term--Mutual consent--Acquisition of superior title by tenant.
A lease is terminated:
(1)By the expiration of the agreed term;
(2)By the mutual consent of the parties;
(3)By the tenant acquiring a title to the leased premises superior to that of the landlord.
Source:
SDC 1939, §38.0423.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-22.1 - Continuation of farm lease absent notice--Time for notice--Termination without notice in case of default--Grassland included.

43-32-22.1. Continuation of farm lease absent notice--Time for notice--Termination without notice in case of default--Grassland included.
In the case of farm tenants, occupying and cultivating agricultural land of forty acres or more, under an oral lease, the tenancy shall continue for the following crop year upon the same terms and conditions as the original lease unless written notice for termination is given by either party to the other by September first, whereupon the tenancy shall terminate March first following. The tenancy may not continue because of absence of notice if there is default in the performance of the existing rental agreement. For the purpose of this section, agricultural land includes grassland, either native or tame.
Source:
SL 1977, ch 342; SL 1991, ch 365; SL 1994, ch 340.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-23 - Termination of lease at pleasure of either party--Death or incapacity to contract--Exception.

43-32-23. Termination of lease at pleasure of either party--Death or incapacity to contract--Exception.
If a lease is terminable at the pleasure of one of the parties, it is terminated by notice to the other of such party's death or incapacity to contract. In other cases it is not terminated by such death or incapacity.
Source:
SDC 1939, §38.0422.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-24 - Return of security deposit after termination of tenancy--Withholding--Itemized accounting--Forfeiture of withholding rights--Punitive damages.

43-32-24. Return of security deposit after termination of tenancy--Withholding--Itemized accounting--Forfeiture of withholding rights--Punitive damages.
Every lessor of residential premises shall, within two weeks after the termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the security deposit to the tenant, or furnish to the tenant, a written statement showing the specific reason for the withholding of the deposit or any portion thereof. The lessor may withhold from such deposit only such amounts as are reasonably necessary to remedy tenant defaults in the payment of rent or of other funds due to the landlord pursuant to an agreement or to restore the premises to their condition at the commencement of the tenancy, ordinary wear and tear excepted. Within forty-five days after termination of the tenancy, upon request of the lessee, the lessor shall provide the lessee with an itemized accounting of any deposit withheld.
Any lessor of residential premises who fails to comply with this section shall forfeit all rights to withhold any portion of such deposit.
The bad faith retention of a deposit or any portion of a deposit by a lessor of residential premises in violation of this section, including failure to provide the written statement and itemized accounting required by this section, shall subject the lessor to punitive damages not to exceed two hundred dollars.
Source:
SL 1976, ch 267, §3; SL 1984, ch 281, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-24.1 - Commercial security deposits.

43-32-24.1. Commercial security deposits.
For the purposes of this section, the term, commercial premises, means any real property for lease that does not consist of residential property, agricultural land, or any quantity of municipal lots. A lessor of commercial premises shall, within sixty days after the termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return any security deposit to the tenant, or furnish to the tenant, a written statement showing the specific reason for the withholding of the deposit or any portion thereof. The lessor may withhold from the deposit only the amounts reasonably necessary to remedy tenant defaults in the payment of rent or of other funds due to the landlord pursuant to an agreement or to restore the premises to their condition at the commencement of the tenancy, ordinary wear and tear excepted. Within ninety days after termination of the tenancy, upon request of the lessee, the lessor shall provide the lessee with an itemized accounting of any deposit withheld.
Any lessor of a commercial premises who fails to comply with this section shall forfeit all rights to withhold any portion of the deposit.
The bad faith retention of a deposit or any portion of a deposit by a lessor of commercial premises in violation of this section, including failure to provide the written statement and itemized accounting required by this section, shall subject the lessor to punitive damages not to exceed two hundred dollars.
Source:
SL 2019, ch 193, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-25 - Small amount of tenant's property left on premises presumed abandoned--Disposal by lessor. \

43-32-25. Small amount of tenant's property left on premises presumed abandoned--Disposal by lessor.
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.
Source:
SL 1976, ch 267, §7; SL 2008, ch 227, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 32 - Lease Of Real Property › Section 43-32-26 - Storage of tenant's valuable property left on premises--Lien--Disposal as abandoned after waiting period.

43-32-26. 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.