Many times, landlords and tenants leave the appearance of mold in a rental to each other. What does South Dakota law state?

South Dakota law does not have a clear stipulation on whose responsibility it is to remediate mold in a rental property. However, it compels the landlord to keep their rental units clean and habitable. It implies that it is the landlord’s responsibility to remove mold.

Tenants are also required to take care of the rental premises. Making minor repairs and proper usage of ventilation in the property will help keep mold away.

mold laws south dakota

Landlord rights and responsibilities in South Dakota

  1. Keep the property safe and habitable.
  2. Make all repairs for problems reported within a reasonable time.
  3. Meet all required local housing regulations.
  4. Lawful evictions.
  5. Collect rent in agreed-upon amounts and time.
  6. Collect a security deposit and keep it safe for your tenant
  7. Supply heat and both hot and cold water.

Tenant rights and responsibilities in South Dakota

  1. To live in habitable conditions.
  2. Timely repair for all problems you report.
  3. Fix all damage that is your fault.
  4. Pay the required amount of rent at the agreed time.
  5. Ensure quiet enjoyment of the property for other neighbors.
  6. No retaliation from the landlord for exercising legal rights.

How long does a South Dakota landlord have to fix mold problems?

South Dakota landlords should fix problems reported to them as soon as possible.

Landlords must fix emergency problems in 24 hours. Leaking pipes, lack of heat or water supply, and sanitation problems are landlord emergencies in South Dakota.

Further, the landlord must keep their property free from mold, lead, asbestos, and other environmental and health hazards.

Mold disclosure laws in South Dakota

In South Dakota, landlords and sellers must disclose any known material defects that may impact the value or condition of the house. It is illegal to conceal any known problems in the home.

A home inspection discloses house defects and information that you need to disclose to your buyers or tenants. You should also inform tenants of any problems that got repaired after the inspection.

Federal laws require that landlords disclose the presence of lead paint for homes built before 1978.

South Dakota landlords must also disclose if their premises have been previously used to manufacture methamphetamine.

Can you break your rental lease in South Dakota due to mold?

In South Carolina and many states, tenants are legally not allowed to break the rental lease if the mold is their fault.

When tenants notice problems that can cause mold, they should report them to the landlord immediately.

Leaking pipes and taps, floods, and spills cause mold. Report these to your landlord before they cause more problems in your unit.

If the landlord refuses to fix the problems within a reasonable time, report to local housing officials. They will compel the landlord to fix these problems or remediate the mold.

Constructive eviction is when you break your lease when the unit is no longer habitable because the landlord refused to fix the problems.

If the landlord sues you for the rest of the rent, you must prove in court that the house was uninhabitable, the mold was not your fault, and that you had notified your landlord, and they did not fix the house.

You can legally break your lease in South Carolina to start active military duty or if the landlord discriminates against you.

Can a South Dakota tenant withhold rent due to mold?

A South Dakota tenant can withhold rent to compel the landlord to fix some damage in the unit.

Additionally, if the landlord does not repair the problems after a reasonable time, the tenant can pay for the repair and deduct the costs from the rent.

Can a South Dakota tenant seek justice in court due to mold?

In South Dakota, a tenant can sue the landlord for mold when;

  • The landlord refused to fix water leaks reported before the mold appeared.
  • If you have spent money in a hospital or on medication due to mold exposure.
  • Lost income due to a condition caused by mold exposure.
  • If you have spent any money to remediate the mold.
  • For mold-related damage to your property not covered by your renters’ insurance.
  • For pain and suffering caused by the health effects of mold.
  • The mold presence is not your fault.

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Benjamin McInerny
Author: Benjamin McInerny - is a qualified arborist and a DIY Home Improvement enthusiast. Ben has a extensive experience on renovation projects including, mold removal, painting, fence installation and more. Ben shares his skills with DIY and gardening enthusiasts.