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.
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.