Can Landlords Ban Pets in South Dakota? What Renters Need to Know
August 18, 2026
If you’re searching for a place to live in Sioux Falls, Rapid City, or anywhere else in the Mount Rushmore State, you’ve probably run into a lease that says “no pets.” Can landlords ban pets in South Dakota, or do renters have some baseline right to keep a dog or cat? The short answer is that private landlords generally can refuse ordinary pets, but federal and state law carve out real exceptions for service animals and emotional support animals.
Understanding where those lines fall matters, especially since South Dakota passed its own legislation targeting fraudulent support-animal claims. Below, you’ll find a section-by-section breakdown of what landlords can and can’t do, what local cities add on top of state rules, and what to do if your current or future landlord says no.
Can a Landlord Legally Ban Pets in South Dakota
South Dakota’s landlord-tenant relationship is governed by South Dakota’s landlord-tenant law, governed by SDCL Ch. 43-32, along with individual lease agreements. Unlike some states that require landlords to justify a no-pet policy, South Dakota does not force private landlords to accept tenants’ pets. A “no pets” clause in a lease is a business decision, not a statutory violation, as long as it doesn’t run afoul of fair housing protections for assistance animals.
That said, landlords who do allow pets have wide latitude to set the terms. Landlords may request additional fees or deposits for tenants with pets, and they can also set rules about the types of pets allowed, which may include limits on pet size or breed. Deposits tied to pets aren’t capped the way rent-related deposits sometimes are, either — the deposit cap under South Dakota law is generally “no cap” once pet-related conditions come into play.
Security deposits more broadly follow a different rule for the base amount. South Dakota law allows landlords to collect a security deposit, typically capped at one month’s rent unless special conditions, such as pets, apply. That “unless” clause is exactly why pet owners often see higher upfront costs than pet-free tenants.
Important Note: Some ownership-rights guides suggest South Dakota’s landlord-tenant statute limits when a landlord can refuse a pet outright. Multiple state-focused legal summaries disagree, treating ordinary pet bans as a lease term within a private landlord’s discretion. When in doubt, review your specific lease language and, if needed, consult a South Dakota attorney or the state Attorney General’s consumer resources.
Exceptions: Service Animals and Emotional Support Animals in South Dakota
The biggest carve-out to any no-pet policy involves disability-related animals. Under South Dakota law, it is an unfair or discriminatory practice for any owner of rights to housing or real property, including a landlord, to prohibit the keeping of a service animal by a person who is mentally or physically disabled, blind or deaf in a rented or leased apartment. This protection stacks with federal law: both the federal Fair Housing Act and South Dakota law prohibit discrimination in rental housing against those who use service animals, meaning a “no pets” provision doesn’t apply to a service animal, and housing providers can’t charge extra for having one.
Emotional support animals get similar treatment, even though they’re legally distinct from trained service animals. South Dakota residents with an emotional support animal are protected under the federal Fair Housing Act, meaning landlords must provide reasonable accommodations for ESAs, even in properties with “no pets” policies. You can read more about how these protections work in our guide to what animals are legal to own in South Dakota, since an ESA doesn’t have to be a dog or cat.
South Dakota went further than federal law in 2018. SDCL §§ 43-32-34 through 43-32-36, enacted July 1, 2018, specifically combat fake ESA documentation and give landlords clear authority to verify paperwork. A South Dakota Multi-Housing Association representative pushed for the change after describing tenants who exploited a documentation loophole. A loophole in the previous law allowed tenants to keep miniature horses, snakes and chickens as support animals, according to Charisma Property Management president Amy Miller.
Under the current framework, landlords have room to ask questions, but not unlimited room. The law says landlords can request that tenants whose disability or health condition isn’t “readily apparent” provide a doctor’s note affirming their need for the service or emotional support animal. On the flip side, tenants who lie face consequences. Tenants who make false claims about having a disability requiring a service animal, or who provide fraudulent supporting documentation, can face eviction through standard landlord-tenant procedures and may be liable for damages.
| Animal Type | Covered by “No Pets” Policy? | Fees/Deposits Allowed? | Documentation Landlord Can Request |
|---|---|---|---|
| Conventional pet (dog, cat, etc.) | Yes — landlord may refuse or restrict | Yes, deposit and/or monthly pet rent | None required |
| Service animal | No — protected under state and federal law | No extra fees or deposits | Generally none if disability is apparent |
| Emotional support animal | No — protected under FHA | No extra fees or deposits | Doctor’s note if condition isn’t obvious (SDCL 43-32-34) |
It’s worth noting that these protections aren’t absolute. Landlords are not generally allowed to deny an ESA based on no-pet policies, biases, or to avoid legal requirements, but they may deny in cases of damages or threats to the safety of others. There’s also a small-landlord exemption worth knowing: under the Fair Housing Act, small landlords may be exempt from ESA accommodation requirements if the landlord owns fewer than four rental units and does not use a broker or agent.
Pro Tip: Even with a legitimate ESA or service animal, you’re still on the hook for damage. You might have to pay for damage your animal causes, if other tenants are held responsible for damage. Keep vaccination and behavior records handy in case a dispute comes up.
Breed and Size Restrictions in South Dakota
South Dakota is unusually protective of specific dog breeds at the municipal level, which surprises a lot of renters. No local government may enact, maintain, or enforce any ordinance, policy, resolution, or other enactment that is specific as to the breed or perceived breed of a dog, a rule codified at SDCL 40-34-16. Because of that statute, pit bulls are legal throughout South Dakota without statewide bans or restrictions targeting specific breeds, making the state one of the more pit bull-friendly states in the country. Our full breakdown of pit bull laws in South Dakota covers what this means for owners in more detail.
That breed-neutral rule applies to cities and counties, though — not to private landlords. Private landlords still maintain some discretion and can set pet policies that apply to all breeds equally, which might include pet deposits, monthly pet rent, or weight limits that don’t target specific breeds. In practice, plenty of property managers restrict certain breeds anyway, usually for insurance reasons rather than legal ones. One Sioux Falls property management company explains its own policy this way: “we do restrict certain breeds of dogs including Dobermans, Rottweilers, Chows, and Pit Bulls because many property liability insurance policies will not cover injury caused by these breeds.”
Weight and size limits work similarly. A landlord can set a 30-pound cap or a two-pet maximum as long as it applies to every tenant rather than singling out a breed. If you’re weighing an unusual pet rather than a dog or cat, it helps to check both state law and your lease — our guide to hedgehog ownership laws in South Dakota is a good example of how legality and landlord policy can diverge even when an animal is perfectly legal to own.
These breed and size rules disappear once a service animal or ESA is involved. Landlords cannot enforce breed restrictions, weight limits, or size requirements that normally apply to pets, because the animal is considered a disability accommodation, not a pet.
Pet Deposits, Pet Rent, and Fee Limits in South Dakota
For conventional pets, South Dakota gives landlords broad room to charge. The maximum security deposit generally allowed is one month’s rent; however, if there are specific conditions that might increase the property’s risk, such as having pets, the landlord can ask for a higher deposit. There’s no statewide dollar cap specifically on pet deposits or pet rent the way some states impose one.
Deductions from that deposit still have to follow standard rules. Deductions from security deposits in South Dakota can only occur for specific reasons, such as unpaid rent or damage beyond normal wear. Landlords must return the security deposit within 14 days after the tenant vacates the property, along with an itemized list of any deductions. If your lease charges a nonrefundable “pet fee” versus a refundable “pet deposit,” read the fine print — the label affects whether you’ll see that money again.
Fees disappear entirely once an animal qualifies as a service animal or ESA. Landlords cannot charge pet fees, pet deposits, or monthly pet rent for ESAs, and landlords are not allowed to charge extra fees for emotional support animals under the same federal framework. This applies regardless of how strict the property’s general pet-fee schedule looks for everyone else.
Common Mistake: Assuming a “pet-friendly” building automatically means low fees. South Dakota has no fee cap for conventional pets, so it’s worth comparing pet rent and deposit amounts across several listings before signing.
What Happens If You Keep a Pet Without Permission in South Dakota
Bringing home a pet against your lease terms puts you in breach of contract, plain and simple. Eviction can occur if a tenant violates the pet policies outlined in their lease, such as by having a pet when not allowed, so tenants should thoroughly understand lease terms to avoid legal action, since failure to adhere to written agreements may lead to eviction processes. Most landlords will issue a written notice to cure or vacate before filing anything in court, giving you a chance to remove the pet or negotiate an amended lease.
The stakes get higher if you’re claiming a fake disability to get around a no-pet rule. As covered above, South Dakota legislation allows landlords to evict or fine tenants who fake a disability or provide false documentation to keep a pet in their rental unit, and that law took effect years ago, so it’s well established at this point. Landlords also have a real enforcement tool now: HUD has intervened in South Dakota housing disputes before. The U.S. Department of Housing and Urban Development charged property owners in Sioux Falls for violating the Fair Housing Act by initially refusing to allow a resident with disabilities to have an emotional support animal, and even after the resident obtained a support dog, the landlords imposed burdensome requirements, leading to HUD’s intervention. That example cuts both ways — it shows regulators enforce tenant protections, but it also shows documentation disputes get scrutinized closely on both sides.
If you’re worried about accidental violations, err toward disclosure. Talking to your landlord before move-in, rather than after a neighbor complains, almost always produces a better outcome than an after-the-fact confrontation.
Local City and County Pet Ordinances in South Dakota
Even where your lease allows pets, city and county rules add another layer. Sioux Falls caps how many animals you can keep at all. “It is unlawful for any person to have or to keep more than four domestic pets over the age of six months, except birds and fish, on any lot or premises in the city,” per Sioux Falls Ordinance 90.015. Other cities set their own numbers — Aberdeen allows up to three adult dogs per household, Sioux Falls generally permits up to four dogs or cats in total, and in places like Pennington County, keeping four or more dogs may classify your property as a kennel, which comes with additional regulations.
Registration and leash requirements are common across South Dakota municipalities. In Sioux Falls specifically, you must register your dog or cat with the city, paying a fee and proving your pet is up-to-date on rabies vaccines, and all dogs and cats six months and older must be registered within 30 days of acquisition. Leash rules follow you off your own property, too: Sioux Falls ordinances require that pets are kept on a leash at any time the pet is off its owner’s property, with the only exception being officially designated off-leash city property.
These local rules stack on top of, rather than replace, the statewide breed-neutral law discussed earlier. A city can require a leash, cap the number of pets, or mandate registration — but it cannot impair the right to enact regulations that apply to all dogs equally, while still being barred from singling out specific breeds. If you’re weighing a less conventional pet permitted under local zoning, it’s worth checking rules specific to that species — our guide to goat ownership laws in South Dakota shows how differently livestock-adjacent pets are treated compared to dogs and cats in most rental settings.
Your Options If a Landlord Won’t Allow Pets in South Dakota
If a lease says no pets and you don’t qualify for a disability-related exception, you still have a few realistic paths forward. Consider these approaches:
- Negotiate directly. Some landlords will make exceptions for a well-behaved pet in exchange for a higher deposit, a signed pet addendum, or references from a previous landlord or veterinarian. Many landlords appreciate responsible pet owners who provide references from previous landlords or veterinarians.
- Build a pet resume. Vaccination records, training certificates, and a photo can go a long way toward reassuring a skeptical landlord.
- Explore the ESA or service animal path honestly. If you genuinely have a qualifying condition, working with a licensed mental health professional is the legitimate route — not a workaround. Falsifying a claim risks the eviction and fine consequences covered earlier in this guide.
- Search specifically for pet-friendly listings. Filtering by pet policy upfront saves time compared to negotiating after you’ve fallen in love with a no-pets unit.
- Report genuine discrimination. If a landlord refuses a legitimate service animal outright, South Dakota’s Division of Human Rights handles these complaints. More information on state laws and regulations is available through the Division, which you can contact for questions or assistance.
Whichever route you take, document everything in writing. Text messages, emails, and signed addenda protect you if a dispute over your pet ever escalates. And if you’re bringing a pet into a South Dakota rental for the first time, it’s worth reviewing basic responsible-ownership habits — including seasonal risks like leaving pets in hot cars — since landlords and neighbors alike notice how well an animal is cared for.
Pro Tip: If allergies are a concern for a co-tenant or family member rather than the landlord’s policy itself, it helps to plan ahead — our guide on managing dog allergies during South Dakota springs covers practical steps that can keep a shared household running smoothly.
South Dakota’s rules leave landlords with plenty of room to say no to pets, but that room shrinks fast once a service animal or documented ESA enters the picture. Read your lease closely, know which fees are negotiable and which are federally off-limits, and check your city’s specific ordinances before you commit to a pet-friendly rental. When the details get murky, a quick call to the South Dakota Division of Human Rights or a local tenant-rights attorney beats guessing.