Mobile home park fees in South Dakota

South Dakota controls one fee by statute — the security deposit — but has no dedicated mobile home park fee law. The information below describes how the law generally works; anyone disputing a specific charge should consider consulting a licensed attorney in South Dakota.

What the statute says

Under S.D. Codified Laws §43-32-6.1, a lessor of residential premises "may not demand or receive a security deposit, however denominated, in an amount or value in excess of one month's rent except that a larger deposit may be agreed upon ... where special conditions pose a danger to maintenance of the premises." On return, §43-32-24 requires the lessor, "within two weeks after the termination of the tenancy and receipt of the tenant's mailing address," to return the deposit or "furnish ... a written statement showing the specific reason for the withholding," withholding only amounts "reasonably necessary to remedy tenant defaults ... or to restore the premises ..., ordinary wear and tear excepted," with a full itemized accounting available on request within 45 days. South Dakota has no dedicated mobile-home-park statute banning entrance, exit, or transfer fees.

How it works in general

In South Dakota, the clear statutory fee protection is the security deposit: it generally can't exceed one month's rent (more only by mutual agreement for special maintenance risks), and the landlord has to return it — or give a written reason for any withholding — within two weeks of the tenancy ending and getting the resident's address. The park can keep only what's reasonably needed for unpaid rent or to restore the premises, not ordinary wear and tear. Beyond the deposit, South Dakota doesn't ban entrance, exit, or transfer fees or set mobile-home-specific limits, so those charges come down to the written lease and general law. Reading the lease for every charge is the key step.

Common scenarios

General examples South Dakota park residents commonly encounter:

• A deposit above one month's rent is requested. The cap is one month, absent special-risk agreement (§43-32-6.1).
• A deposit isn't returned. It's due within two weeks, with a written reason for any withholding (§43-32-24).
• A park charges an entrance or transfer fee. No statute bans it — the lease controls.

Other authorities that may apply

The general lease law (S.D. Codified Laws §§43-32-6.1, 43-32-24) governs the security deposit; the written lease governs other charges. Because South Dakota has no dedicated park fee act, this guide flags the absence of fee limits honestly. Federal law can apply in particular situations.