Tenant Law in South Dakota

In Madison, South Dakota, relationships between tenants and landlords can sometimes become strained.

Tenants and landlords have several legal rights and responsibilities. In general, these rights don't conflict with one another, as long as both parties are clear about what they are, and act accordingly.

Landlord's Rights in Madison, SD

Landlords are, of course, entitled to collect rent from their tenants. If a tenant fails to pay the agreed-upon rent, the landlord is typically able to evict the tenant without too much trouble, though the process can sometimes get fairly complicated.

Landlords also have a right to be compensated for damage to the building that a tenant causes, either intentionally or negligently. Any damage caused by a tenant, besides reasonable wear and tear, can be billed, and the landlord can deduct from the tenant's security deposit to pay for repairs.

Tenant's Rights in Madison, SD

Most basically, tenants have a right to get what they're paying for: a dwelling fit for human habitation. To this end, landlords have to ensure that the units they rent meet Madison, South Dakota's minimum standards for habitability. These requirements are usuallyy not difficult to meet. They include basic amenities such as running water, electricity, a working phone line, heating, and protection from the elements.

Furthermore, tenants are entitled to common areas which are reasonably safe and clean, and free of physical obstacles. Areas such as lobbies, hallways, stairwells, and fire escapes must comply with the building codes of Madison, South Dakota. Furthermore, any other unreasonable safety hazard, even if it doesn't violate a specific provision of a building code, can create liability for the landlord if it injures a tenant.

Under the laws of South Dakota, and the United States, discrimination in housing on the basis of race, religion, or gender is strictly prohibited. Furthermore, under the Americans with Disabilities Act, landlords must not discriminate against renters on the basis of any physical disability. They also have to allow the renter to make reasonable modifications to their apartment, to make it more accessible. Generally, landlords are only required to allow relatively minor and reversible modifications, and tenants cannot compel them to remodel the building, for example. Also, once the tenant leaves, the landlord can bill the tenant for the costs of restoring the apartment to its original condition.

Finally, tenants in most states have a right to be free from unfair eviction. Generally, lease agreements last for a set period of time, and both parties are bound by that contract. Landlords cannot arbitrarily evict clients while the lease is still in effect.

Can a Madison, South Dakota Landlord/Tenant Lawyer Help?

Landlords and tenants almost always prefer to avoid conflict. In a perfect world, tenants would pay rent on time, and landlords would always provide the services that they're being paid for. As we know, the world isn't perfect. When circumstances demonstrate the world's imperfection, a Madison, South Dakota real estate attorney can help, whether you're a landlord or a tenant.