A South Dakota rental application is essential for landlords and property owners to identify reliable tenants who can pay rent consistently and take care of the property. This form ensures you gather the necessary information while respecting applicants’ rights.
Laws
- Application Fee – Non-refundable.
- Fee Limits – No limits.
- Security Deposit – The maximum is one month’s rent unless the landlord can demonstrate that the tenant may pose a danger to the premises.
Application Fee
- No Limit: There is no maximum amount a landlord can charge for an application fee, but landlords should ensure they charge an amount approximately equal to the cost of processing the rental application. Charging too much money could dissuade prospective tenants from applying.
- Average Fee: The average application fee ranges from $10 to $25.
Fair Housing Protections
A South Dakota landlord cannot: [1]
- Refuse to rent or lease housing based on color, race, religion, creed, sex, ancestry, disability, national origin, or familial status.
- Discriminate in the terms or conditions of a rental or lease based on any of these protected characteristics.
- Advertise or publicize that property transactions are unwelcome based on any of these protected characteristics.
- Refuse reasonable modifications to the property for disabled tenants (with the condition that the tenant restores the property after they move out).
These laws don’t apply to owner-occupied dwellings with two or fewer independent units if the owner resides in one of the units.
Security Deposit Limits
- Security Deposit: Landlords are permitted to require a security deposit, but the deposit cannot exceed one month’s rent. They may be able to charge more if they can show that the tenant may inflict danger or harm on the property. [2]
- Return of Deposit: The landlord must return the deposit within two weeks of the tenant moving out. If the landlord keeps any portion of the deposit, they must provide a written explanation within 45 days of the tenant’s request. [3]
- If a landlord doesn’t follow the above rules, they forfeit the right to keep any part of the deposit. If they keep it unjustly, they may have to pay up to an additional $200 in penalties.
Pet Deposits
No state statute governs pet deposits.
Sample
