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🦅 South Dakota

South Dakota Tenant Pet Rights Guide

Know exactly what your landlord can and cannot do in South Dakota — and how to fight back when they cross the line.

⚡ South Dakota Quick Facts

Can landlords charge pet deposits? Yes — No cap
Can landlords charge monthly pet rent? Yes — no state limit
ESA / Service Animals exempt from pet fees? YES — Federal Fair Housing Act
Pet deposit state cap: No — no state cap
Governing law: SDCL Ch. 43-32
Key cities: Sioux Falls, Rapid City, Aberdeen, Brookings, Watertown

Your Rights as a South Dakota Tenant with a Pet

South Dakota tenants with pets face unique challenges. Understanding your rights under SDCL Ch. 43-32 and the federal Fair Housing Act is your first line of defense against unlawful landlord pet fee practices.

What South Dakota Law Actually Says

South Dakota's landlord-tenant law is governed by SDCL Ch. 43-32. The deposit cap is: No cap.

Under the federal Fair Housing Act, emotional support animals and service animals are not classified as pets. This means that regardless of state law, landlords in South Dakota cannot charge pet deposits, pet fees, or monthly pet rent for documented ESAs or service animals. This federal protection overrides any state or local pet policy.

Tenants with conventional pets in South Dakota may be subject to pet deposits and pet rent as described above. Always review your lease carefully to understand what charges are designated as refundable versus non-refundable.

Emotional Support Animals: South Dakota Landlords CANNOT Charge Fees

Under the federal Fair Housing Act (FHA) and HUD guidelines, emotional support animals (ESAs) and service animals are not classified as "pets." This means:

  • Landlords cannot charge pet deposits for an ESA or service animal
  • Landlords cannot charge monthly pet rent for an ESA
  • Landlords cannot require PetScreening or similar paid screenings for ESAs
  • Landlords can request documentation from a licensed mental health professional — but this documentation must be reasonable and is limited in scope
  • Landlords cannot demand your specific diagnosis, medical records, or charge an application fee for ESA accommodation requests

What South Dakota Landlords CANNOT Do

  • Charge pet fees, deposits, or pet rent for documented ESAs or service animals
  • Require ESA owners to use paid third-party pet screening services
  • Deny housing to someone with a documented ESA in a no-pets building
  • Retaliate against a tenant for asserting Fair Housing rights
  • Demand your medical records, specific diagnosis, or more documentation than legally permitted

What South Dakota Landlords CAN Legally Do

  • Charge pet deposits for conventional pets (subject to any state caps)
  • Charge monthly pet rent for conventional pets (not ESAs)
  • Enforce no-pet clauses for conventional pets
  • Request reasonable ESA documentation from a licensed mental health professional
  • Restrict certain breeds or sizes for conventional pets (not ESAs)

If Your South Dakota Landlord Violated Your Rights

1

Document Everything

Save all emails, texts, lease clauses, payment receipts, and any written communication about your pet or ESA.

2

File with SD Division of Human Rights

Submit a complaint at SD Division of Human Rights. This is the primary enforcement agency for fair housing in South Dakota.

3

Get Legal Help

Contact your local legal aid organization in South Dakota. Fair Housing cases can result in damages, attorney fees paid by the landlord, and civil penalties.

Free HUD Complaint Letter Template

Copy and customize this template for your HUD complaint or direct communication with your landlord. Replace all [BRACKETED] placeholders with your actual information.

📋 HUD Complaint / Reasonable Accommodation Request — Copy & Paste

To: [LANDLORD NAME / PROPERTY MANAGEMENT COMPANY] Address: [LANDLORD ADDRESS] Date: [DATE] Re: Fair Housing Act — Reasonable Accommodation Request / Complaint Property: [RENTAL PROPERTY ADDRESS] Tenant: [YOUR NAME] Dear [LANDLORD NAME], I am writing to formally [request a reasonable accommodation / notify you of a Fair Housing violation] under the Fair Housing Act (42 U.S.C. § 3604) and HUD regulations (24 C.F.R. Part 100). I have a disability as defined under the Fair Housing Act. My emotional support animal, [PET NAME], a [SPECIES/BREED], provides assistance related to my disability. Under the Fair Housing Act and HUD guidelines, emotional support animals are not pets and are exempt from pet fees, pet deposits, and pet rent. On [DATE], you [DESCRIPTION OF VIOLATION — e.g., "charged me a $250 pet deposit for my ESA" / "required me to pay a PetScreening fee of $25 for my ESA" / "refused to waive pet rent for my documented ESA"]. This action constitutes a failure to provide a reasonable accommodation under 42 U.S.C. § 3604(f)(3)(B) and HUD guidance issued in 2020 (FHEO-2020-01). I request that you: 1. Immediately refund [AMOUNT] charged in violation of the Fair Housing Act 2. Confirm in writing that no pet fees will be applied to my ESA 3. Cease any further pet fee charges related to my ESA If I do not receive a response within 10 days, I will file a complaint with SD Division of Human Rights and/or HUD. Sincerely, [YOUR NAME] [YOUR CONTACT INFORMATION] [DATE]