Glossary of Landlord Law Terms South Dakota

Here you will find a glossary with important landlord/tenant terms you should get familiar with because they may help you protect your tenant rights one day. Don’t sign lease or rental agreement in South Dakota without thoroughly going over contract to protect security deposit. Read on to get definitions for constructive eviction, cleaning fee, cleaning deposit, exculpatory clause, notice to pay or quit, retaliatory eviction, retaliatory rent increase, self-help eviction, unlawful detainer and resident manager.

Local Companies

Myers & Billion Llp
(605) 336-3700
300 N Dakota Ave Ste 510
Sioux Falls, SD
Wiehl Derald W Atty At Law
(605) 336-6200
431 N Phillips Ave
Sioux Falls, SD
Johnson Drew C Atty
(605) 225-5895
428 N Highway 281 Ste 3
Aberdeen, SD
May Adam Gerdes & Thompson Attys
(605) 224-8803
503 S Pierre St
Pierre, SD
Volesky Law Office
(605) 352-2126
356 Dakota Ave S
Huron, SD
Reed Law Offices
(605) 624-7090
110 E Main St
Vermillion, SD
Whiting Marcia Atty
(605) 343-4604
2640 Jackson Blvd
Rapid City, SD
McMahon James E
(605) 332-5606
101 N Phillips Ave
Sioux Falls, SD
Walter D Sonny Atty
(605) 332-8459

Sioux Falls, SD
Sannes Tom Atty
(605) 345-3321
21 W 6th Ave
Webster, SD

provided by: 

cleaning deposit- A security deposit that is limited to securing the landlord against the cost of cleaning the premises if the tenant fails to leave the premises in a clean condition when the tenant vacates.

cleaning fee- A fee charged by landlords to clean the premises either when the tenant takes possession or when the tenant vacates.

constructive eviction- An act by the landlord that makes the premises unlivable, permitting the tenant to vacate the premises and end her lease obligation to pay rent.

exculpatory clause- A provision in a lease or rental agreement that says that the landlord is not liable to the tenant if the tenant is injured on the property. Sometimes these provisions are valid, and sometimes they are not.

implied covenant of quiet enjoyment- A requirement implied into a lease or rental agreement, under which a landlord promises not to disturb the tenant's right to peaceful possession of the property.

landlord- Someone who rents out property to a tenant.

notice to pay or quit- A written notice given by the landlord ordering the tenant to pay overdue rent or leave the premises within a stated period of time (usually 3 days).

retaliatory eviction- An eviction motivated by the landlord's desire to punish the tenant for the tenant's exercise of some right protected by law.

retaliatory rent increase- A rent increase motivated by the landlord's desire to punish the tenant for the tenant's exercise of some right protected by law.

self-help eviction- Acts by a landlord to evict a tenant, other than through an eviction lawsuit. Such acts might consist of changing locks, turning off utilities, or removing doors or windows. In most instances, self-help evictions are illegal.

unlawful detainer- A lawsuit filed by a landlord to evict the tenant.

resident manager- A person hired by the landlord to manage the property while living in one of the building's apartments.

For more on landlord rights and laws,, lease agreements, duty to repair, security deposits, evictions, and right to tenant privacy, go to GotTrouble.com