Renting a home that was foreclosed in South Dakota: your rights

Your rights as a renter in South Dakota, in order

1. The federal floor: 90 days, and often your full lease

   After the new owner takes title

   Under the Protecting Tenants at Foreclosure Act, a bona fide tenant gets written notice at least 90 days before having to leave, and a lease signed before the foreclosure runs to its end unless the buyer will live in the home. You are bona fide if you are not the former owner or the owner's spouse, child or parent, the deal was at arm's length, and the rent is not far below market unless subsidized. Section 8 voucher holders get extra protection. See the [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/) page.

   Pub. L. 111-22 § 702; Pub. L. 115-174 § 304; 42 U.S.C. § 1437f(o)(7)

2. Tell your landlord about any court papers

   Immediately

   South Dakota law says a tenant who gets notice of a case to recover the property must tell the landlord right away and give the landlord the written notice. Keep a copy for yourself.

   SDCL § 43-32-16

3. The buyer cannot evict on the sale until the deed

   After the redemption period ends and a deed is delivered

   The eviction law lets a buyer at a mortgage or execution sale bring an eviction against someone still in possession only after the time for redemption has run out and a deed has been delivered. The federal 90 days also applies to bona fide tenants.

   SDCL § 21-16-1(5)

4. The eviction case moves fast

   5 days to answer after service

   In an eviction case you have 5 days after you are served to appear and answer. A delay of more than 14 days is allowed only if you post a bond for the rent that will come due. Go to court with your lease, receipts and any notices.

   SDCL § 21-16-7

5. Month to month notice

   Up to one month's notice

   For a rental with no set term, South Dakota requires notice as long as the rent period, but not more than one month. For a bona fide tenant after a foreclosure, the federal 90 days is longer and still applies.

   SDCL § 43-32-15

6. Your security deposit

   21 days after you move out and give an address

   A 2026 change gives the landlord 21 days after your tenancy ends and it gets your mailing address to return the deposit or explain in writing why any of it is kept. You can ask for an itemized accounting within 45 days. We found no South Dakota statute that moves a deposit to a foreclosure buyer, so ask your old landlord and the new owner in writing who holds it.

   SDCL § 43-32-24

Common questions in South Dakota