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Home Real Estate Rental Application South Dakota

South Dakota Rental Application

Updated August 3, 2023

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. Our South Dakota rental application form ensures you gather the necessary information while respecting the rights of applicants. Learn more about the state rental laws below, and use our template to streamline your process.

Laws

  • Application Fee – Non-refundable
  • Application Fee Limits – No limits
  • Security Deposit – § 43-32-6.1 – Maximum a month’s rent unless the landlord can demonstrate that the tenant may pose a danger to the premises.

Table of Contents
  • State Laws
  • Sample

State Laws

Under state laws in South Dakota, both landlords and tenants have specific rights and responsibilities. For landlords, it is crucial to conduct thorough background checks and adhere to Fair Housing Laws. Tenants should be aware of their rights regarding application fees, security deposits, and discrimination.

For Landlords

Landlords must look into the backgrounds of all of their applicants.

Some of the most important pieces of information property owners must collect include: 

  • Employment Status: Landlords want tenants that can consistently pay their rent on time. That is why asking for current employment is necessary. Landlords might even want to contact their applicants’ supervisors for references. 
  • Prior Rental History: Property owners should also ask about prior rental history. Landlords need to see if the applicants were reliable renters in the past.
  • Credit History: Running a credit check is essential because landlords need to know if their applicants can pay their bills on time.

Other Resources for Landlords

  • State Sex Offender Registry: South Dakota landlords can check the state’s sex offender registry to be aware of any registered sex offenders applying as tenants.
  • State Fair Housing Laws: South Dakota landlords must adhere to the state’s Fair Housing laws, which prohibit discrimination based on race, color, religion, sex, national origin, disability, familial status, or source of income.

For Tenants

Residents in South Dakota also need to know their rights.

A few important points to keep in mind include the following: 

  • Application Fee: There is no maximum amount a landlord can charge for an application fee, but landlords should ensure they charge an amount approximate to the cost of processing the rental application. Charging too much money could scare off applicants. 
  • Security Deposit: Per § 43-32-6.1, landlords are permitted to require a security deposit, but the deposit cannot be greater than one month’s rent. Landlords are not required to provide a receipt for that deposit, but it is generally a good idea to have written payment records.
  • No Discrimination: In South Dakota, landlords are not permitted to ask questions about gender identity, sexual orientation, race, religion, or national origin. 

Sample

Use our South Dakota rental application form to streamline the process and ensure you do not overlook any important information. 

South Dakota rental application screenshot

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