Pet Rent Laws in South Dakota: What Landlords Can Charge and What You Can Push Back On
November 14, 2026
Pet rent laws in South Dakota are looser than most renters expect: the state does not cap the monthly amount, but it does limit how deposits work. That split catches tenants off guard. A landlord can add $40 a month for your dog, yet cannot stack an unlimited deposit on top without a legal reason.
This article walks through what the law allows, where it stops, and how to protect your wallet. You will see how pet rent differs from fees and deposits, what typical charges look like, and what changes if your animal is an ESA or service animal. You will also find practical steps for negotiating and for reading your lease before you sign it.
Important Note: This article is general educational information, not legal advice. Statutes and local rules change, so confirm details with the South Dakota Legislature’s published code or a licensed attorney before acting on a dispute.
Is Pet Rent Legal in South Dakota?
Yes. South Dakota has no statute that bans monthly pet rent. According to Pet Deposits by State, monthly pet rent is allowed, and iProperty Management notes that South Dakota allows landlords to charge tenants pet rent, as long as the amount is reasonable and the fee is clearly stated in the lease.
The “reasonable” language is a practical guideline in landlord resources rather than a hard number in the statute. In practice, the lease is your main protection. If a charge is not written into the signed agreement, you have a strong argument that you do not owe it.
Landlords also have the right to say no to pets entirely. South Dakota has no statute that forces landlords to accept pets, so a no-pets policy is legal in Sioux Falls, Rapid City, and everywhere else in the state. For a broader look at pet policies, see our guide on pets in South Dakota apartments.
Pet Rent vs. Pet Fee vs. Pet Deposit in South Dakota
These three charges sound alike but behave differently, and the differences affect how much money you can get back. Pet rent is a recurring monthly add-on. A pet fee is a one-time charge, and a pet deposit is money held to cover possible damage.
| Charge | How It Works | Refundable? | South Dakota Treatment |
|---|---|---|---|
| Pet Rent | Monthly charge added to rent | No | Allowed, no state cap |
| Pet Fee | One-time upfront charge | Usually no | No state law forbids non-refundable fees, according to PayRent |
| Pet Deposit | Held against damage | Yes, minus valid deductions | Treated as a security deposit under state law |
The deposit rule comes from SDCL 43-32-6.1. The statute says any deposit of money meant to secure performance of a residential rental agreement is deemed a security deposit. It also says a landlord may not demand or receive a deposit, however denominated, in excess of one month’s rent, unless special conditions pose a danger to maintenance of the premises.
That wording matters because calling something a “pet deposit” does not take it outside the cap. Sources disagree on one point, though. Some guides say pet deposits are a separate amount with no ceiling, while others say pet deposits fall inside the one-month cap. The statute’s “however denominated” language supports the stricter reading, so treat any pet deposit above one month’s rent as something to question.
Non-refundable pet fees are also unsettled in secondary sources. PayRent reports that no South Dakota law forbids non-refundable fees or limits the amount landlords can charge, while Pet Deposits by State says they are not permitted. If a landlord offers a “non-refundable pet fee,” ask for the specific statute they rely on, and consider whether a monthly rent structure is cheaper over your full stay.
Does South Dakota Cap Pet Rent?
No. TenantPetRights.org lists monthly pet rent as allowed with no state limit. A landlord could technically set pet rent at any figure, as long as it appears in the lease and you agree to it.
The market, not the statute, keeps prices in check. If one complex asks $75 a month and another down the road asks $30, you have leverage to walk. Keep in mind that the one-month security deposit cap still applies to deposits, even though it does not apply to rent.
Key Insight: The state caps the money a landlord holds (deposits) but not the money a landlord collects (monthly rent). Over a 12-month lease, a $50 monthly pet rent costs $600, which is more than most one-time deposits.
How Much Is Pet Rent in South Dakota?
Most monthly pet rent falls in a modest range. Typical amounts range from $25 to $75 per pet, per Pet Deposits by State. That figure is a general estimate from a third-party site and is not dated, so treat it as a ballpark rather than a guaranteed local price.
Sioux Falls and Rapid City properties, which have the most corporate-managed apartments, tend to use set pet policies. Smaller landlords in towns like Aberdeen, Brookings, or Watertown often set their own numbers, which gives you more room to negotiate. Always check the actual listing or ask the property manager for the written pet addendum.
Here is a quick way to compare what different pet charges cost over a 12-month lease, using the $25 to $75 range:
| Monthly Pet Rent | Cost Over 12 Months | Cost Over 24 Months |
|---|---|---|
| $25 | $300 | $600 |
| $50 | $600 | $1,200 |
| $75 | $900 | $1,800 |
Is Pet Rent Charged Per Pet in South Dakota?
Often, yes, but state law does not require it. Pet rent is set by the landlord’s policy, so some properties charge a flat monthly rate for up to two pets while others charge each animal separately. The $25 to $75 range cited by Pet Deposits by State is expressed per pet.
Before you sign, ask three questions. Is the rate per animal or per household? Is there a maximum number of pets? Does the rate change for a second pet or for a puppy that will grow?
Get the answers in writing. A property manager’s verbal “it’s just $35” can turn into $35 per dog when the lease arrives, which doubles your cost for a two-dog home.
Which Pets Can Landlords Charge Pet Rent For in South Dakota?
Landlords can charge pet rent for conventional pets, which usually means dogs and cats. Under the TenantPetRights.org guide, tenants with conventional pets in South Dakota may be subject to pet deposits and pet rent. Many landlords also write policies covering birds, fish tanks, rabbits, and small caged animals, though the charge is often lower or waived for animals that stay in a cage.
Breed and weight limits are separate from pet rent but affect the same decision. According to Pet Deposits by State, landlords in South Dakota are allowed to impose breed restrictions in their pet policies, and weight restrictions are allowed too. A landlord can therefore refuse your dog outright or charge a higher rate for a larger one.
Some animals face rules beyond your lease. Exotic species can need permits regardless of what your landlord says, and animals like goats are rarely allowed in standard apartments. Check the state-level rules before you assume a pet is legal to keep.
Can a Landlord Add Pet Rent Mid-Lease in South Dakota?
Generally no, not during a fixed-term lease. A lease is a contract, and a landlord cannot add a new recurring charge in the middle of the term without your agreement. If your lease already allows pets without a pet rent clause, a mid-term surcharge has no contractual basis.
The picture changes at renewal and on month-to-month tenancies. A landlord can propose new terms, including pet rent, when a lease ends or when giving proper notice on a periodic tenancy. You can then accept, negotiate, or move out.
Our guide on pets in South Dakota apartments explains that if your rental agreement already permits pets, the landlord generally can’t retroactively ban them without going through the standard lease violation process. The same logic protects you against surprise charges tied to a pet you already have approval for.
Pro Tip: If your landlord announces a new pet charge mid-lease, reply in writing asking which lease clause allows it. Keep a copy of the email or letter in case the dispute goes to small claims.
Pet Rent in Rent-Controlled and Local Rules in South Dakota
Rent control is not a factor in South Dakota. Tenant Screening Background Check points out that South Dakota has no local rent boards layering interest or extra notice steps on top of the state framework. In practical terms, pet rent is governed by your lease and by SDCL Chapter 43-32, not by a city rent ordinance.
Local rules still matter for the animals themselves. Cities set their own licensing, leash, and nuisance requirements, and those can create costs that sit alongside pet rent. If you live in a town with dog licensing, your landlord may ask for proof of the license as a lease condition.
Review our state-level guides on leash laws in South Dakota and barking dog laws in South Dakota, since violations can trigger lease warnings that put your pet approval at risk. Public housing and subsidized units follow federal rules and their own pet policies, so ask the housing authority for its written policy.
Can Landlords Charge Pet Rent for ESAs and Service Animals in South Dakota?
No. Under federal law, these animals are not treated as pets. As our ESA housing laws guide explains, landlords in South Dakota cannot charge pet deposits, pet fees, or monthly pet rent for documented ESAs or service animals.
You are still responsible for harm the animal causes. NSARCO notes that the housing provider can recover repair costs the same as for any tenant-caused damage. In other words, you skip the pet rent but you still pay for a chewed door frame.
Landlords cannot demand your diagnosis or run you through paid screening. Our guide says landlords cannot require ESA owners to use paid third-party pet screening services. They can, however, ask for reasonable documentation when your disability is not obvious.
Important Note: South Dakota added penalties for fake documentation. According to our emotional support animal laws guide, SDCL §§ 43-32-34 through 43-32-36 were enacted July 1, 2018. Misrepresenting a need for an assistance animal can lead to eviction and damages, so only claim this protection if it is accurate.
One more wrinkle: as of 2026, NSARCO says federal HUD enforcement of ESA housing accommodations narrowed to trained animals, which may shift protection for untrained ESAs toward state law. This is a developing area, so check current guidance if your ESA is untrained.
Can Landlords Charge Pet Rent for Visiting or Pet-Sitting Pets in South Dakota?
South Dakota law does not address visiting pets, so the answer lives in your lease. A landlord can only charge what the lease says. If your lease has no guest-animal clause, a surprise charge for a weekend visitor is hard to defend.
Many leases do include language like “no animals on the premises without written permission.” That clause can apply to a friend’s dog staying for a week, and a landlord could treat it as an unauthorized pet. Some landlords will allow short stays at no cost if you ask first.
If you plan to pet-sit, ask in writing and save the reply. Specify the species, the dates, and who is responsible for damage. A short email approval costs nothing and avoids a dispute over whether a temporary animal counts as a resident pet.
What If You Have an Unauthorized Pet in South Dakota?
An unapproved pet is a lease violation, and you generally get a chance to fix it. According to our apartment guide, typically a set amount of time will be given in which the tenant can correct the violation before more serious action follows. The landlord may demand removal of the animal, ask you to sign a pet addendum, or in serious cases start eviction proceedings.
The cheapest fix is usually to come forward early. Many landlords would rather collect pet rent and a deposit than go through a violation process. Offer to sign an addendum, pay the standard rate, and provide vaccination proof. Our guide to pet vaccination laws in South Dakota covers the records you will likely need.
If you are tempted to label a pet as an ESA to avoid fees, think twice. Under SDCL § 43-32-36, false claims about disability or fraudulent documentation can result in eviction and damages, according to our ESA housing guide. A real accommodation request is protected, but a false one carries real risk.
Is Pet Rent Refundable in South Dakota?
No. Pet rent is rent, so it is not returned when you move out, just like your regular monthly payment. You are paying for the ongoing privilege of keeping the animal, and the landlord has no duty to refund it even if your pet caused no damage.
Pet deposits are different. Because they count as security deposits, they must come back unless there are valid deductions. Within 21 days of when the tenancy ends and the landlord receives the tenant’s forwarding mailing address, the landlord must return the security deposit, according to Nolo. If the tenant requests an itemized accounting, the landlord must provide one within 45 days after the tenancy ends.
Sources differ on the return timeline. Some summaries cite 14 days or “two weeks,” while Nolo and the Tenant Screening Background Check guide cite 21 days. The statute’s text, published on the South Dakota Legislature site, uses twenty-one days after termination of the tenancy and receipt of the tenant’s mailing address or delivery instructions. Send your forwarding address in writing so the clock starts.
If a landlord wrongly keeps your deposit, small claims is the usual route. The American Apartment Owners Association says the maximum amount a person can sue for in South Dakota Small Claims Court is $12,000, though that figure comes from an older page, so verify the current limit before filing.
Can You Negotiate Pet Rent in South Dakota?
Yes, and with no state cap, negotiation is your best money-saving tool. Landlords set pet policies for their own comfort, so they have flexibility, especially with smaller owners and in softer rental markets. Property management companies tend to be less flexible than individual owners.
These steps give you the best shot at a lower charge:
- Compare pet policies at two or three competing properties before you apply, and mention the lower numbers.
- Offer a pet resume with vet records, vaccination proof, spay or neuter status, and a reference from a previous landlord.
- Propose a one-time refundable deposit instead of monthly rent, or ask to cap pet rent at a lower figure.
- Ask for a reduced rate for a small, quiet, or older animal.
- Request a pet rent waiver or discount in exchange for a longer lease term.
- Put every agreed change into the signed lease or addendum.
Pro Tip: Landlords worry about damage, noise, and liability. Address those three concerns up front with a renter’s insurance policy that includes pet liability, and you give them a reason to say yes.
Know the other side of the math as well. Our dog bite laws guide covers owner liability, which is why many landlords ask for proof of liability coverage. Offering it can be worth more than a few dollars off your monthly rent.
Is Pet Rent Taxable Income for Landlords in South Dakota?
Yes, pet rent counts as rental income for landlords. Money collected as monthly pet rent is part of what the landlord earns from the property, so it is generally reported alongside regular rent. This is a federal tax matter, and the IRS treats rental receipts as income.
South Dakota itself has no state individual income tax, so a landlord’s pet rent is not taxed again at the state level. Landlords can deduct legitimate expenses like repairs and cleaning. Refundable deposits are generally not income until the landlord keeps them.
As a tenant, this does not change what you owe. It does explain why some landlords push pet rent instead of deposits: rent is steady income, while a deposit is money they may have to return. Landlords should consult a tax professional for their own situation, since the details depend on how the property is owned and used.
What a South Dakota Lease Must Say About Pet Rent
South Dakota does not publish a required pet-rent clause, but a clear lease is your strongest protection. The charge has to be agreed to, so it belongs in writing. The fee should be clearly stated in the lease agreement, per iProperty Management.
Look for these items in the pet section of any lease or addendum:
- The exact monthly pet rent amount and whether it is per pet or per household
- The number, type, and description of approved animals
- Any one-time pet fee, with a statement of whether it is refundable
- The size of any pet deposit and how it fits within the one-month security deposit cap
- Breed or weight limits, and what happens if your pet grows
- How and when the landlord can change the pet policy
- Rules for guest or visiting animals
- Your right to a deposit return and itemized statement after move-out
If a deposit exceeds one month’s rent, the lease should explain the special condition behind it. LeaseLenses advises that you should not assume a lease can automatically charge two months just because the tenant has a pet; the clause should explain the special condition and the basis for the higher amount. That is a useful question to ask at signing.
Finally, remember that a lease cannot waive your statutory rights. Both parties must honor the lease, but the lease cannot waive statutory rights. Even if a clause says pet rent applies to every animal, it cannot override federal protections for service animals and ESAs.
Pet Rent Laws in South Dakota: FAQ
Is there a legal limit on monthly pet rent in South Dakota?
No. Monthly pet rent has no state limit, so the lease and the market set the price. The one-month cap applies to security deposits, not to recurring rent.
Can my landlord charge a pet deposit and pet rent at the same time?
Yes, a landlord can combine them. Keep any deposit within the one-month security deposit cap unless a documented special condition justifies more, and make sure both charges appear in your lease.
Do I pay pet rent for an emotional support animal?
No. Documented ESAs and service animals are not pets for fee purposes, so landlords cannot charge pet rent, fees, or deposits. You remain responsible for any actual damage the animal causes.
How long does my landlord have to return my pet deposit?
The statute cited by Nolo and the Legislature’s published code uses 21 days after the tenancy ends and the landlord has your forwarding address. Send that address in writing, and request an itemized accounting if anything is withheld.
Can I get pet rent back if my pet never caused damage?
No. Pet rent is not a deposit, so it is not refundable. Only refundable deposits come back at move-out, minus valid deductions.
Can a landlord raise pet rent during my lease?
Generally not during a fixed-term lease unless the lease allows it. Expect changes at renewal or on month-to-month terms, and negotiate before you sign.
What should I do if I think a pet charge is illegal?
Ask the landlord to cite the lease clause or statute in writing, and keep copies of everything. If the issue involves a service animal or ESA, you can contact the South Dakota Division of Human Rights, and for deposit disputes small claims court is available. For custody-related pet questions during a move or breakup, see our pet custody laws guide.
Bringing a pet across state lines for a move? Our pet import laws guide covers the paperwork to settle before you start lease negotiations.