A South Dakota sublease agreement is an agreement made between a tenant currently renting a property, and a new individual who wants to rent part or all of that property (the “subtenant”). In South Dakota and elsewhere, it can be extremely costly for a tenant to break a lease with a landlord. However, a sublease agreement offers an alternative that can work out for everyone involved.
In general terms, a sublease agreement in South Dakota allows an existing tenant to rent property to a third party. This 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.
Download the free sublease agreement template below and learn how to fill it out to begin subletting your rental property.
Free Template Download
Download this blank and fillable South Dakota sublease agreement form into MS Word (.docx) or Adobe PDF. To save time and ensure everything is filled out correctly, we recommend using our free South Dakota sublease agreement builder or reading our steps on how to write a South Dakota sublease agreement below.
How to Write a South Dakota Sublease Agreement
- Identify and describe the rental property being subleased — Clearly list the street address and unit number (if applicable) of the property you want to sublet. The vast majority of residential sublets are divided into the categories of houses, apartments, and condominiums.
- Identify and describe all involved parties — This list should include the landlord, as well as all proposed sublessors (tenants listed in the original lease) and subtenants (new renters of the property).
- Include a copy of the original lease — In addition to following the rules of the sublease, subtenants must follow the terms of the original lease as well. Attaching a copy of the original lease is an important step toward ensuring the subtenant understands the terms of living on the property.,
- Specify the beginning and ending dates of the sublease — Clearly state the entire duration of the sublease agreement. Stipulate exactly when a subtenant assumes responsibility for paying rent, and exactly when that responsibility ends.
- Specify specific rent costs and totals — A sublease agreement should list the full rent amount due to the landlord, the frequency of those payments, and the division of that rent between the sublessor and and subtenants. Often, the subtenants will assume full responsibility for all rent payments.
- Draft the sublease agreement to reflect the terms and conditions of the original lease agreement — The vast majority of subleases in South Dakota and other US states are tailored to match the terms and conditions of the original lease. In many cases, the original lease agreement will contain the same language. However, if you’re a subtenant who wants to ban smoking or pets and no such restriction exists on the original lease, you can still include it to the sublease.
South Dakota Sublease Laws
You should check your original lease agreement to see if you’re allowed to sublet your apartment. It’s recommended that a tenant receive written permission from their landlord before subletting in South Dakota. Once you’ve filled out a South Dakota sublease agreement, you will be responsible for your subtenant and liable for any violations of the original lease.
A sublessor must honor the terms of the sublease agreement (as well as the original lease) and follow all South Dakota laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
South Dakota Landlord-Tenant Laws: Chapter 43-32 of the Codified Laws of South Dakota (Lease of Real Property)
In South Dakota, a sublessor must:
- Give a subtenant five days (5) written notice to pay rent or leave
- Return the security deposit within fourteen days (14) of the end of the sublease
- Provide thirty days (30) written notice of your intent to not renew the sublease and/or original lease
South Dakota Sublease FAQs
Is subletting illegal in South Dakota?
Unless subleasing is specifically restricted in the original lease, South Dakota tenants are free to sublet rental properties at will.
However, South Dakota landlords can prohibit subletting of their properties in their tenant rental agreements. If you’re unsure if you’re allowed to sublet, first check the original lease. Then consult with your landlord.
Can a tenant sublet without permission in South Dakota?
Unless a landlord explicitly bans subletting in your signed lease agreement, you should be able to sublet your rental unit.
If the landlord included a lease provision that demands permission before subletting, you must get official consent by mailing them a certified letter. This letter must be sent a full 30 days before the beginning of the proposed sublease, and describe the terms and conditions of the sublease agreement.
If the landlord doesn’t formally respond to the letter, their consent can be implied.
Can a subtenant get out of a South Dakota sublease agreement?
Like lease agreements, sublease agreements generally require parties under contract to report one or more specific reasons for breaking the contract before that contract can be dissolved.
At the very least, the subtenant generally needs to pay one or more months’ worth of rent, whether the property under contract is occupied or not. Although other states list issues such as health problems and domestic violence as viable reasons to break a lease, South Dakota offers little rent deferment protection to citizens for any reason.