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 form ensures you gather the necessary information while respecting the rights of applicants.
Laws
- Application Fee – Non-refundable
- 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.
State Laws
For Landlords
Some of the most critical pieces of information property owners must collect include:
- Employment Status: Landlords want tenants who 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. They 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
- State Sex Offender Registry: landlords can check the state’s sex offender registry to be aware of any registered sex offenders applying as tenants.
- State Fair Housing Laws: landlords must adhere to the state’s Fair Housing laws, prohibiting 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:
- Application Fee: There is no maximum amount a landlord can charge for a fee, but landlords should ensure they charge an amount approximately equal 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 exceed one month’s rent. They are not required to provide a receipt for that deposit, but having written payment records is generally a good idea.
- No Discrimination: Landlords cannot ask questions about gender identity, sexual orientation, race, religion, or national origin.
Sample
