Mobile home lot rent rules in South Dakota

South Dakota has no comprehensive dedicated mobile home park act and no rent cap. Lot tenancies fall under the general lease law, S.D. Codified Laws Ch. 43-32, which adds one mobile-home-specific protection. The information below describes how the law generally works; anyone dealing with a specific increase should consider consulting a licensed attorney in South Dakota.

What the statute says

South Dakota's general lease law governs lot tenancies. Under S.D. Codified Laws §43-32-13, on a month-to-month lease "the landlord may, upon giving notice in writing at least thirty days before the expiration of the month, modify the terms of the lease ... to take effect at the expiration of the month," and "the tenant may terminate his lease effective the first day of the next month by providing notice of termination to the landlord within fifteen days of receipt ... of the notice of modification." A hiring for an unspecified term is presumed renewed unless a party gives termination notice "at least as long before the expiration ... as the term of the hiring itself, not exceeding one month" (§43-32-15). The one mobile-home-specific rule is §43-32-31: a landlord who leases land to a mobile or manufactured home owner must give "no less than ninety days notice to vacate and remove the home" if "the property is developed for an alternate use" (not applicable to a lease breach). There is no statute capping the amount of rent.

How it works in general

Because South Dakota has no dedicated park rent law and no rent cap, the rent amount and the timing of any increase come from the written lease and general law. On a month-to-month lot tenancy, the landlord can change the rent or other terms with 30 days' written notice before the end of the month — and a resident who doesn't accept the change can terminate within 15 days. The standout mobile-home protection is the 90-day notice a resident gets if the park's land is being developed for a different use. Otherwise, South Dakota leaves the rent and most terms to the lease, so a clear written lease is especially important.

Common scenarios

General examples South Dakota park residents commonly encounter:

• A resident asks whether rent is capped. It is not — no statewide cap exists.
• A park changes the rent month-to-month. It needs 30 days' notice, and the resident can terminate within 15 days (§43-32-13).
• A park's land is being redeveloped. The resident gets 90 days' notice to move the home (§43-32-31).

Other authorities that may apply

The general lease law (S.D. Codified Laws Ch. 43-32) governs the tenancy, with the mobile-home change-of-use notice in §43-32-31. Because South Dakota has no dedicated park act or rent cap, this guide flags those gaps honestly. Federal law such as the Fair Housing Act can also apply.