Concerns about new lease terms in Deadwood, SD affecting tenant rights

Question

I live in Deadwood, South Dakota, and have rented a single room under an oral agreement for four years. Recently, a new owner and property manager issued a lease agreement for the building, affecting approximately 20 units. I'm concerned about two clauses in this new lease:

1. The lease states that the owner or manager can inspect premises without any notice at any time. Additionally, tenants must maintain cleanliness, and failure could result in a vacate notice.

2. Another clause states that if the police are called for any purpose other than a health or welfare check, it will lead to immediate eviction.

I have had to call police services in the past due to crimes committed against me by other tenants, such as unauthorized entry into my room and vandalism of my car. Both of the problematic tenants have since moved out. I'm worried that these new terms could discourage necessary calls to emergency services.

Could these lease terms be illegal or affect tenant safety?

James L. Arrasmith · Answer

The terms in your new lease could potentially violate tenant rights, especially regarding the police call clause. In South Dakota, as in many other states, tenants are generally protected from eviction for calling law enforcement in situations of personal safety, even if those calls are unrelated to health or welfare checks. A lease term that penalizes you for calling the police could be considered unlawful, as it may interfere with your ability to ensure your safety. 
 
The clause allowing the landlord or property manager to inspect the premises without notice is also concerning. While landlords generally have the right to inspect rental property for maintenance or safety reasons, they must provide reasonable notice before doing so. South Dakota law typically requires at least 24 hours' notice before entry unless there is an emergency. A clause that eliminates this requirement could be seen as an invasion of privacy and might not be enforceable. 
 
If you feel these terms violate your rights or create an unsafe living situation, it might be helpful to seek legal advice. You may want to contact a local tenant advocacy group or a lawyer to discuss your concerns and ensure your rights are protected under state law.

Q: Concerns about new lease terms in Deadwood, SD affecting tenant rights