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Overview
South Dakota does not have specific state-level mold laws or statutes. However, tenants are protected under South Dakota Codified Laws Chapter 43-32, which governs the leasing of real property and establishes an implied warranty of habitability. Under SDCL Section 43-32-8, landlords must keep rental premises in reasonable repair and fit for human habitation, which includes addressing mold issues that affect health and safety. While mold is not explicitly mentioned in the statutes, conditions that cause mold (such as water leaks, plumbing problems, and inadequate ventilation) typically fall under general habitability requirements that landlords must address. [South Dakota Legislature - Codified Law 43-32]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Habitable Premises
South Dakota tenants have the right to live in a rental property that meets basic health and safety standards. Under SDCL Section 43-32-8, landlords must keep the rental unit in reasonable repair and fit for human habitation, including working electrical, plumbing, and heating systems. This implied warranty of habitability cannot be waived in the lease agreement. If mold develops due to landlord neglect (such as failure to repair leaks), tenants can assert their habitability rights.
[South Dakota Warranty of Habitability - iPropertyManagement]
Right to Repair and Deduct
Under SDCL Section 43-32-9, if a landlord fails to make necessary repairs within a reasonable time after receiving written notice from the tenant, the tenant may make the repairs and deduct the expense from the rent due. Tenants must first provide written notice (certified mail recommended) specifying the conditions that require repair. For repairs costing more than one month's rent, the tenant may withhold rent into a separate bank account after providing written notice to the landlord and proof of the deposit.
Landlord Responsibilities
Maintain Fit and Habitable Premises
Landlords must keep rental premises in reasonable repair and fit for human habitation. This includes addressing water leaks, plumbing issues, and other conditions that could lead to mold growth. The landlord's obligation applies except for damage caused by the tenant's fault. The warranty of habitability cannot be waived in the lease agreement.
Maintain Building Systems
Landlords must maintain all electrical, plumbing, and heating systems in good and safe working order. Malfunctioning HVAC systems or plumbing can contribute to moisture problems and mold growth. Failure to maintain these systems violates the implied warranty of habitability.
Remedies Available to Tenants
Rent Withholding
Available: South Dakota allows rent withholding in limited circumstances. If the costs of necessary repairs to maintain habitability exceed one month's rent, the tenant may withhold rent and deposit it in a separate bank or savings account maintained for the purpose of making repairs. The tenant must FIRST give written notice to the landlord stating the specific reason for withholding the rent and then provide written evidence of the deposit. The repairs must be necessary to maintain habitability of the premises, such as plumbing, heating, security, electricity, etc. The money in this account shall be given to the landlord once repairs are made, or it shall accumulate until there are enough funds for the tenant to pay for repairs.
Repair and Deduct
Available: Under SDCL Section 43-32-9, if a landlord fails to make necessary repairs within a reasonable time after receiving written notice from the tenant, the tenant may: (1) make the repairs and deduct the expense from rent due; or (2) vacate the premises and be discharged from further obligations under the lease. Tenants must first provide written notice (certified mail recommended for documentation) specifying the conditions that require repair and give the landlord a reasonable deadline. For repairs costing more than one month's rent, the tenant may instead withhold rent into a separate bank account after providing written notice and proof of deposit. South Dakota does not impose a specific dollar cap on repair-and-deduct amounts.
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in South Dakota
Understanding South Dakota's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Record Wet Summer in 2025
A record wet August in several locations marked the end of South Dakota's meteorological summer 2025. The region with the highest rainfall was in the northeast where several locations reported over twenty inches for the June through August summer season. Some locations had their record wettest summer based on preliminary data.
Increasing Flood Risk and Mold Concerns
South Dakota's flood risk is increasing according to First Street Foundation. In 2020, 62,600 total properties were at substantial flood risk, projected to increase to 63,000 by 2050. South Dakota ranks #16 for flood risk among the lower 48 states. The increase in humidity has caused issues in drying hay and increased rust diseases on crops.
Mold Growth After Flooding
According to Harvard researchers, if any part of a home is exposed to flooding or leaks and is not fully dried within 24 to 48 hours, mold growth is almost certain. After major storms, spikes in respiratory illnesses are common, particularly in flood-affected homes. An estimated 47% of U.S. residential buildings contain mold or dampness.
June 2025 Flood Disaster
FEMA declared a Major Disaster Declaration on September 11, 2025 for severe storms and flooding affecting the Sisseton-Wahpeton Oyate (DR-4890), with an incident period from June 12-16, 2025. Dry and drought conditions improved with summer rains, but flooding created mold risks in affected properties.
Agricultural Mold Issues
Some molds have been reported in backyard gardens across South Dakota. Some ranchers have had to move cattle out of saturated and flooded pastures due to potential for foot rot diseases. The excess moisture affects both agricultural and residential properties.
Common Mold Types in South Dakota
Summer 2025 was record wet in many South Dakota locations, with northeast areas reporting over 20 inches of rainfall. The state's flood risk is increasing, ranking #16 nationally. The June 2025 floods resulted in a Major Disaster Declaration. According to Harvard researchers, mold growth is almost certain within 24-48 hours of flooding exposure.
Stachybotrys chartarum
Black mold found in flood-damaged homes, particularly after the record wet summer of 2025.
Aspergillus
Found in HVAC systems and water-damaged materials. Increased humidity in 2025 has created more favorable conditions.
Cladosporium
Found in basements and on damp surfaces. Record rainfall in northeast South Dakota has increased prevalence.
Fusarium
Agricultural mold that can enter buildings after flooding. Increased rust diseases on crops indicate elevated fungal activity.
Penicillium
Found in water-damaged materials following the flooding events affecting eastern South Dakota.
Mold Professional Requirements in South Dakota
Implied Warranty of Habitability
Under SDCL Section 43-32-8, landlords must keep rental premises in reasonable repair and fit for human habitation, including the maintenance of all electrical, plumbing, and heating systems. This requirement applies except for damage caused by the tenant's fault. The warranty of habitability cannot be waived or modified by the parties to the rental agreement - this "implied" requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation. While mold is not specifically mentioned, conditions that promote mold growth (such as plumbing leaks, inadequate ventilation, or water intrusion) would violate these habitability standards. [South Dakota Consumer Protection - Landlord/Tenant]
Mold Disclosure Requirements
Local Regulations
Some cities in South Dakota have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full South Dakota mold law details.
Sioux Falls, SD
Local mold risks, prevention priorities, and next steps for Sioux Falls.
Rapid City, SD
Local mold risks, prevention priorities, and next steps for Rapid City.
Aberdeen, SD
Local mold risks, prevention priorities, and next steps for Aberdeen.
Brookings, SD
Local mold risks, prevention priorities, and next steps for Brookings.
Watertown, SD
Local mold risks, prevention priorities, and next steps for Watertown.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in South Dakota.
South Dakota Housing Development Authority Programs
SDHDA offers housing rehabilitation programs that may cover mold remediation as part of home repairs for qualifying homeowners.
Eligibility: Income-qualified South Dakota homeowners
Coverage: Varies by program - may include mold remediation as part of housing rehabilitation
Phone: 605-773-3181Learn More →
FEMA Individual Assistance - DR-4890
Disaster assistance for the June 2025 flooding affecting Sisseton-Wahpeton Oyate, which may include mold remediation for affected properties.
Eligibility: Residents in designated disaster areas affected by June 2025 storms and flooding
USDA Section 504 Home Repair Program
Federal program providing loans and grants to very low-income rural South Dakota homeowners for home repairs including mold remediation.
Eligibility: Very low-income homeowners in eligible rural South Dakota areas
Coverage: Loans up to $40,000; grants up to $10,000 for elderly homeowners
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does South Dakota have specific mold laws for rental properties?
No, South Dakota does not have specific state statutes addressing mold in rental properties. However, landlords must keep premises in reasonable repair and fit for human habitation under SDCL Section 43-32-8, which includes addressing conditions that cause mold, such as water leaks, plumbing problems, and inadequate ventilation.
Can I break my lease in South Dakota if there is mold in my apartment?
Potentially, yes. If mold creates a serious habitability issue and your landlord fails to remedy it within a reasonable time after receiving written notice, you may vacate the premises and be discharged from further lease obligations under SDCL Section 43-32-9. You should provide written notice (certified mail recommended) specifying the problem and allow reasonable time for repairs before vacating.
Can I withhold rent in South Dakota for mold problems?
Yes, but only under specific conditions. If repair costs exceed one month's rent, you may withhold rent into a separate bank account. You must first give written notice to the landlord stating why rent is being withheld and provide written evidence of the deposit. For repairs costing less than one month's rent, you should use the repair-and-deduct remedy instead. Simply not paying rent without following these procedures could result in eviction.
Official Resources
These official resources can help you understand your rights and take action: