2019 South Dakota Codified Laws
Title 43 - Property
Chapter 32 - Lease Of Real Property
§ 43-32-6 Obligations of lessor of real property--Tenant's remedies against lessor.

43-32-6. Obligations of lessor of real property--Tenant's remedies against lessor. A lessor shall deliver the leased premises to the lessee and secure his quiet enjoyment thereof against all lawful claimants.

If the lessor of residential property unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water, or other essential service to the tenant, the tenant may sue for injunctive relief, recover possession by suit, or terminate the rental agreement and, in any case, recover from the lessor damages in an amount equal to two months rent and the return of any advance rent and deposit paid to the lessor by the lessee.

Source: SDC 1939, § 38.0404; SL 1976, ch 267, § 1; SL 1982, ch 299.

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