A South Dakota lease agreement allows a landlord to rent their property to a tenant and establish the desired terms. Within this document, a landlord includes their personal details, the tenant’s identifying information, the address of the rented premises, pet allocations, rent payment details, and health hazards.
Rental Lease Laws Overview
- Rent Control: No.
- Limit on Late Fees: No.
- Late Fees in Rental Agreement: Yes.
- Grace Period: No.
- License Required for Landlord: No.
Landlords gather information about tenants using a rental application form to assess their suitability before leasing.
By Type (6)
Standard Lease Agreement
Establishes a guided tenancy between both landlord and tenant.
Month-to-Month Rental Agreement
Lets tenants occupy a landlord's property on a monthly basis.
Commercial Lease Agreement
Creates a contract for renting spaces for commercial use.
Room Rental Agreement
Details individual responsibilities, shared expenses, and living arrangement between tenants of a shared space.
Sublease Agreement
Allows the subtenant to rent all or a portion of the leased property for a predetermined period.
Rent-to-Own Lease Agreement
Enables occupants to rent with an eventual ownership plan.
Required Lease Disclosures
South Dakota landlords should be aware of two disclosures they must make, one required by federal law and one required by state law:
- Lead-Based Paint Disclosure. If the property they’re leasing was built before 1978, a landlord must inform a tenant that it may contain lead-based paint on its interior. [1]
- Methamphetamine production disclosure. If the property they’re leasing was once a location for methamphetamine production, a landlord must disclose this information to a potential tenant. [2]
Security Deposit
- Maximum Amount: A landlord may collect up to one month’s rent from a tenant as a security deposit. [3]
- Exception: A landlord can ask for a larger amount if the landlord and tenant agree to it and there are special conditions that may place the property in greater danger.
- Receipts: Not specified.
- Interest Payments: Not required.
- Bank Account: Not required.
- Returning Requirements: Once a tenant vacates a property, the landlord has two weeks to return the security deposit fully. [4]
- Withholding Rules: If damages or unpaid rent require the landlord to make deductions from the security deposit, the landlord should provide an itemized list within 45 days of the tenant vacating the property if the tenant requests it. [4]
Rent Payments
- Laws: Rent is due at the end of each month unless the lease lists another requirement. [5]
- Rent Control: No statewide laws exist limiting the amount a landlord can set for rent, and cities and counties cannot impose their own caps. [6] A landlord can make a written amendment to a lease and increase the rent if they provide the tenant with 30 days’ notice. [7]
- Late Fees and Grace Period: Landlords can charge however much they’d like as a penalty for tenants paying rent late. Furthermore, there is no grace period for late rent payments. As soon as rent is late, the landlord can issue a 3-day notice to quit for non-payment of rent.
- Withholding Rent: If the tenant notifies a landlord of a necessary repair and waits a reasonable period after the landlord fails to address the issue, the tenant can repair the issue themselves and discount the repair expenses from the rent. [8]
- If the repairs are more expensive than one month’s rent, the tenant can withhold the rent payment and deposit the amount into a separate bank account. They should only maintain this sum for the purpose of making the necessary repairs.
Landlord Right of Entry
- Notice Requirements: A landlord must provide reasonable notice, which is presumably 24 hours, to a tenant before entering the rental property. No notice is necessary if it’s impractical to do so or if there’s an emergency. [9]
- Keys, Locks, and Security: Tenants can change the locks on a rental unit without the landlord’s permission unless the lease says otherwise. Landlords may not change the locks as part of a self-help eviction. [10]
Property Repairs
- Landlord Responsibilities: The landlord must keep the property and all common areas fit for human habitation and in safe working order unless the tenant engages in malicious, willful, or negligent behavior that results in disrepair. [11]
- Tenant Repairs: The tenant shall preserve the premises, appurtenances, appliances, and other leased property in good condition. They must repair all damage or deterioration caused by their malicious, willful, or negligent conduct or such conduct of any individual acting under their direction. [12]
- Abandonment: South Dakota doesn’t define the period when a landlord can officially consider the property abandoned. However, if the tenant uses the property in contrast to the lease’s terms or fails to make a requested repair, the landlord can issue an immediate notice to quit for non-compliance. [13]
Terminating a Lease
- Month-to-Month Tenancy: A landlord can end a month-to-month tenancy by serving a one-month notice. [14] If the tenant is on active military service, the landlord must provide a two-month notice.
- Unclaimed Property: If the tenant leaves any property worth less than $500 on the property, the landlord can consider it abandoned after ten days and dispose of it. [15] If the tenant leaves any property worth more than $500 on the premises, the landlord should store it for 30 days. They can dispose of it after the 30-day period. [16]
Sample
Here’s a sample of our South Dakota lease agreement template to understand its requirements. Download it as a PDF or Word file to start creating your own:
