South Dakota: Landlord Entry Notice Requirements

Requirements one by one

Advance notice required

South Dakota's rule is a reasonableness standard with a built-in number. A landlord
must give "reasonable notice of the landlord's intent to enter and enter only at
reasonable times," and "[t]wenty-four hours written notice is presumed to be a
reasonable notice" (§ 43-32-32). The presumption can be displaced only one way the
statute names: if "alternate methods of notification or times for entry are mutually
agreed upon between the landlord and tenant in the lease." So a lease can set a
different agreed arrangement, but absent that, 24 hours in writing is the measure.

Reasons a landlord may enter

This is where South Dakota differs from most states. Section 43-32-32 does not list the
reasons a landlord may enter — it regulates the notice, not the grounds. The
statute requires the notice to state "the purpose of intended entry," which means the
purpose is defined case by case by what the landlord puts in the notice and by the
lease, not by a fixed statutory list of allowed reasons. If your lease limits why the
landlord may enter, that limit controls.

Form and delivery of the notice

The presumed-reasonable notice is written and detailed. It "shall specify date or dates
of entry, a period of time during normal business hours for entry, and the purpose of
intended entry," and it "shall also specify a means for which the tenant may request to
reschedule the entry" (§ 43-32-32). That last item is easy to overlook: a notice that
gives you no way to ask for a different time is missing a required element.

When no notice is needed

The notice requirement applies "[e]xcept in case of an emergency or if it is
impracticable to do so" (§ 43-32-32). A genuine emergency and a situation where notice
truly cannot be given are the only carve-outs the statute names.

What trips people up

A complete notice has four parts. Under § 43-32-32 the written notice must give the
date(s), a window during normal business hours, the purpose, and a way to reschedule.
A bare "I'm coming tomorrow" leaves out the reschedule option and the business-hours
window the statute requires.

The lease can change the default. The 24-hour written presumption applies "unless
alternate methods of notification or times for entry are mutually agreed upon ... in
the lease" (§ 43-32-32). Read your lease — it may set a different notice method the
statute allows.

The statute sets the notice, not the reasons. South Dakota does not list the
purposes a landlord may enter for. If you want to limit why the landlord can come in,
that limit has to come from your lease, because the state code does not supply one.

Common questions

How much notice does my South Dakota landlord need? Reasonable notice — and 24
hours' written notice is presumed reasonable unless your lease sets a different agreed
method or time (§ 43-32-32). Entry must be during a normal-business-hours window.

Does the notice have to be in writing? Written notice is what the statute presumes
reasonable, and it must state the date(s), a business-hours window, the purpose, and a
way for you to ask to reschedule (§ 43-32-32).

Can my landlord enter without notice in an emergency? Yes. The notice requirement
applies "[e]xcept in case of an emergency or if it is impracticable to do so"
(§ 43-32-32).

What can I do if my landlord enters without proper notice? South Dakota's statute
sets no fixed penalty, so your recourse is a common-law claim — breach of quiet
enjoyment or trespass — for which you can seek an injunction and damages.

Statutes and sources

• S.D. Codified Laws § 43-32-32 — the entry-notice section: the reasonable-notice/24-hour-written-presumption rule, the emergency and impracticability exceptions, the four required contents of the notice (date(s), a normal-business-hours window, purpose, and a reschedule option), and the lease's ability to set an alternate agreed method.
  https://sdlegislature.gov/api/Statutes/43-32-32.html (accessed 2026-07-11)