Dakota State University: Can a private lease waive basic habitability to make a Madison home cheaper?

DIRECT ANSWER

Retained SD Attorney General educational guidance,not a new statutory verification. Its stale two-week deposit-return statement is excluded; current retained §43-32-24 controls that timing. Covered private residential rental only; actual agreement and law govern.

The AG guide says the landlord must keep the home reasonably repaired and fit to live in,including safe electrical,plumbing and heating systems,and that the habitability warranty cannot be waived or modified. It separately permits agreed tenant repairs in place of rent. Tenant-caused damage is excepted from the landlord duty.