Are there laws that protect a tenant from being asked for too much information by a landlord?
Yes, there are laws in South Dakota that protect tenants from being asked for too much information by a landlord. The South Dakota Codified Laws prohibits landlords from requesting information that is not required to determine a tenant’s qualifications for a rental agreement. According to South Dakota Codified Laws Section 43-32-2, a landlord may not ask for information that is not “relevant to the tenant’s creditworthiness or financial responsibility” or “reasonably related to the landlord’s risk of loss”. This includes collecting information about a tenant’s race, religion, sexual orientation, or disability status, as well as demanding excessive amounts of personal or financial information. A landlord must also inform the tenant of their right to withhold some information, upon request. Tenants can inform the landlord that there is certain information they’re not comfortable providing, and the landlord must respect that. If a landlord fails to do so, the tenant can take action through a complaint with the South Dakota Department of Labor or the appropriate court. In South Dakota, a landlord must adhere to the relevant laws when it comes to the information they request from tenants. If a landlord violates the laws, a tenant can take action to protect their rights.
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