43-32-27. Cause of action against lessor for retaliatory conduct.
A cause of action may arise in favor of a lessee and against a lessor of residential property, including a manufactured or mobile home community owner, for retaliation by the lessor against the lessee if the lessor increases rents above fair market value; if the lessor decreases electric, gas, water, or sewer services; or if the lessor gives the lessee notice to vacate the premises when such notice is not based upon a breach of the terms of the lease; subsequent to any of the following special events:
(1)The lessor has received written notice from the lessee or a governmental agency that the lessee has complained to a governmental agency charged with responsibility for enforcement of a building or housing code violation applicable to the premises and materially affecting health and safety, and the complaint is determined to be reported in good faith; or
(2)The lessee has given written notice to the lessor of a condition requiring repair pursuant to §43-32-9; or
(3)The lessee has organized or become a member of a tenant's union or organization.
It shall be a defense to this cause of action that the notice to vacate the premises was given by the lessor more than one hundred eighty days after the occurrence of a special event. The failure of the lessor to renew any written lease prior to or upon its expiration, is not retaliation.
Source: SL 1994, ch 341, §1.
Structure South Dakota Codified Laws
Chapter 32 - Lease Of Real Property
Section 43-32-1 - Leasing of real property defined.
Section 43-32-2 - Limited term of lease--Agricultural land--Municipal lots.
Section 43-32-3 - Hiring of real property presumed for one year--Exception.
Section 43-32-4 - Hiring of lodgings--Length of term--Presumption.
Section 43-32-5 - Lease of real property for more than one year--Written contract necessary.
Section 43-32-6 - Obligations of lessor of real property--Tenant's remedies against lessor.
Section 43-32-9 - Failure of lessor to repair premises--Lessee's remedies.
Section 43-32-10 - Preservation of premises by lessee.
Section 43-32-13 - Modification of lease--Written notice by landlord, effect--Termination by tenant.
Section 43-32-15 - Renewal of hiring of real property presumed unless notice given of termination.
Section 43-32-16 - Tenant receiving notice of adverse proceedings--Duty to inform landlord.
Section 43-32-17 - Attornment of tenant to stranger, validity--Consent of landlord--Judgment.
Section 43-32-18.1 - Eviction of tenant--Limitations.
Section 43-32-19 - Termination of lease by tenant--Causes.
Section 43-32-19.2 - Contact information--Disclosure--Limitation.
Section 43-32-24.1 - Commercial security deposits.
Section 43-32-27 - Cause of action against lessor for retaliatory conduct.
Section 43-32-28 - Retaliatory conduct--Remedies--Attorney's fees.
Section 43-32-30 - Disclosure of knowledge of existence of prior manufacturing of methamphetamines.
Section 43-32-31 - Notice to vacate and remove mobile or manufactured home from leased property.
Section 43-32-32 - Reasonable notice of landlord's intent to enter--Contents.
Section 43-32-33 - Service animal and disability defined.
Section 43-32-35 - Service animal documentation requirements.
Section 43-32-37 - Ejection--Hotel, campground, or RV park premises.