{"data":{"id":"us-sd/sdcl-43-32-27","jurisdiction":"us-sd","citation":"SDCL § 43-32-27","heading":"Cause of action against lessor for retaliatory conduct.","body":"A cause of action may arise in favor of a lessee and against a lessor of residential property, including a manufactured or mobile home community owner, for retaliation by the lessor against the lessee if the lessor increases rents above fair market value; if the lessor decreases electric, gas, water, or sewer services; or if the lessor gives the lessee notice to vacate the premises when such notice is not based upon a breach of the terms of the lease; subsequent to any of the following special events:\n(1) The lessor has received written notice from the lessee or a governmental agency that the lessee has complained to a governmental agency charged with responsibility for enforcement of a building or housing code violation applicable to the premises and materially affecting health and safety, and the complaint is determined to be reported in good faith; or\n(2) The lessee has given written notice to the lessor of a condition requiring repair pursuant to § 43-32-9; or\n(3) The lessee has organized or become a member of a tenant's union or organization.\nIt shall be a defense to this cause of action that the notice to vacate the premises was given by the lessor more than one hundred eighty days after the occurrence of a special event. The failure of the lessor to renew any written lease prior to or upon its expiration, is not retaliation.","path":["TITLE 43. PROPERTY","CHAPTER 43-32. LEASE OF REAL PROPERTY"],"source_url":"https://sdlegislature.gov/Statutes/43-32-27","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"61a7dd2952f4455e5685db8d85f8b966b9b5d1117e02c22fd0c2f73a348beb87","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-43-32-26","next":"us-sd/sdcl-43-32-28"},"notice":"GroundRules: Original legal text. Not legal advice."}