A South Dakota sublease agreement is between a tenant currently renting a property and a new individual (the “subtenant”) who wants to rent part or all of that property.
Generally, a sublease agreement in South Dakota allows an existing tenant to rent property to a third party. This agreement helps the original tenant (or “sublessor”) pay some or all of the rent due to the landlord by having another person live on the property as a renter.
Unless subleasing is restricted explicitly in the original lease, South Dakota tenants are free to sublet rental properties at will.
Laws & Requirements
Sublease and Assignment Provision Laws: South Dakota Codified Law 43-32-17
Landlord-Tenant Laws: Chapter 43-32 of the Codified Laws of South Dakota (Lease of Real Property)
Security Deposit Obligations: In accordance with state law, sublessors must return a security deposit within 14 days of the end of the sublease.
Notices: A sublessor must give five days’ written notice to pay rent or leave. They must also provide 30 days’ written notice if they’re not going to renew the original lease or the sublease.
You can download a South Dakota sublease agreement template as a PDF or Word file below: