Except under certain circumstances and subject to certain conditions, a landlord generally may not interrupt utilities provided to a residential tenant—such as electricity, gas, water, sewer, internet, telephone, cable television, security systems, and in some areas, trash collection—unless the interruption results from bona fide repairs, construction, or an emergency.
A landlord generally may not shut off utilities to a residential tenant because the tenant is late in paying for the utilities. Laws vary from state to state, and laws related to a landlord’s interruption of a residential tenant’s utility services are usually located in a state’s statutes.
In South Dakota, landlords are prohibited from interrupting utility services to a residential tenant as a means of eviction or to force a tenant to leave the premises. This includes essential services such as electricity, gas, water, sewer, and others mentioned. The only exceptions where a landlord may interrupt these services are for legitimate repairs, construction, or in the case of an emergency situation. If a tenant is late in paying rent or utility bills, the landlord must seek other legal avenues to address the issue, such as through the court system, rather than resorting to utility shutoffs. These regulations are designed to protect tenants from unlawful evictions and ensure they have access to necessary services. South Dakota's specific statutes regarding landlord and tenant law can be found in the South Dakota Codified Laws (SDCL), which outline the rights and responsibilities of both parties in these situations.