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.
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.