If you’re looking to rent out your property, you’ll need a South Dakota (SD) Lease Agreement written according to South Dakota’s landlord-tenant laws. The lease agreement creates a binding relationship between you (the landlord) and your tenant. You agree to rent all (or some of) your property for a fee, and in return, the tenant agrees to the terms and conditions you lay out in the document.
1. What to Include in a South Dakota Residential Lease Agreement
Federal law mandates that landlords in all states, including South Dakota, add specific details in their lease agreements. These details include:
- Tenant/Landlord Details: names and current addresses of both the tenant and landlord
- Premises: the address of the premises being rented
- Pets: whether pets are allowed, and any other pet-related rules
- Health Hazards: any known health hazards or risks
- Rent Specifics: the amount of rent and security deposit due, and payment dates and methods
States differ in their leasing and rental requirements. Familiarize yourself with South Dakota’s landlord-tenant laws to protect your legal and financial rights.
2. South Dakota Landlord and Tenant Laws
South Dakota imposes specific and distinct requirements for landlords and tenants when executing a lease or rental agreement. Some of those requirements include:
Relevant Laws:
South Dakota Codified Laws Title 43, Chapter 32
Security Deposit:
- A landlord may collect up to one month’s rent from a tenant as a security deposit. (§ 43-32-6.1)
- A landlord must return a tenant’s security deposit within 14 days of the end of the lease. (43-32-24)
Landlord Right of Entry:
- A landlord must provide at least one day’s advance notice to a tenant before entering the rental property. (§ 43-32-32)