South Dakota Rental Lease Agreement Templates

South Dakota Rental Lease Agreement Templates

A South Dakota lease agreement is a contract between a landlord and tenant that records the terms of a rental in the state. It covers the monthly rent, lease duration, deposit terms, maintenance duties, and conditions for ending the tenancy.

South Dakota caps security deposits at one month’s rent and requires landlords to return deposits within 14 days for month-to-month leases or within 45 days for fixed-term leases. The state does not require a specific grace period for late rent.

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Types (6)

Commercial Lease Agreement (PDF)

Permits the owner or manager of property designed for business use to lease it to a business-owning tenant.

 

Lease to Own Agreement (PDF)

A contract that serves as a standard lease, with the added conditions that allow the tenant(s) to purchase the leased property for a previously agreed-upon purchase price. A popular form for homeowners looking to sell their home with an alternative method.

 

Month-to-Month Lease Agreement

Lasting 30 days at a time, the agreement is ideal for landlords that are seeking greater flexibility with their units. Also popular for property owners that live in their rentals for part of the year.

 

Roommate Agreement (PDF)

A form used for rentals that have 2 or more roommates sharing the same common area, kitchen, or other space. Used for setting rules pertaining to cleaning, bills, rent, dishes, guests, and the use of personal property.

 

Standard Residential Lease Agreement

The most used form for leasing property. Is comprehensive and includes all necessary wording and conditions to comply with SD landlord-tenant law.

 

Sublease Agreement (PDF)

Used by sublandlords (current tenants to a property) for setting guidelines that subtenants (new tenants) are required to follow. Should only be used if the landlord gives permission for subleasing in the lease or in person.

 

Renting in South Dakota

Most Common Rental Type Apartments
Average Rent $999/mo
Households That Rent 31.7%
Average Renter Household Size 1.9
Rental Vacancy Rate 7.6%

Source: U.S. Census Bureau, American Community Survey (2024)[1] & Housing Vacancy Survey (2024)[2]

What is a South Dakota Lease Agreement?

A South Dakota lease agreement is the written record of a rental arrangement between a property owner and tenant. It specifies each party’s duties for the duration of the tenancy.

South Dakota law requires landlords to keep all rental units in habitable condition and to make necessary repairs within a reasonable time after receiving written notice.[5] The state also permits tenants to terminate a lease early if the property is damaged so severely that it becomes uninhabitable.

State Laws & Guides

Laws: Ch. 43-32 “Lease of Real Property”

Landlord-Tenant Guides / Handbooks

When is Rent Due?

Rent is due at the end of the month.[3] There is no grace period provided by the state’s landlord-tenant laws.

Landlord’s Access

Emergency: Landlords do not need to provide notice to tenants to access their rental in the event of an emergency.[4]

Non-Emergency: Landlords must give tenants reasonable notice (24 hours), and must provide written information about their entry, which should include the date(s) of entry and the reason(s) they will be entering the rental.[4]

Landlord’s Duties

The requirements of landlords are as follows:[5]

  1. Keep all rentals safe and fit for residing in (unless the damage is tenant-caused and not a result of standard use).
  2. Maintain all plumbing, electrical, heating, and other systems (unless damaged by the tenants).

Tenant’s Duties

Tenants are responsible for keeping the rental and all appliances in good condition, and for making repairs if the reason they are damaged is due to the tenant’s own negligence.[6]

Required Disclosures

  • Lead Paint Disclosure – Landlords of rental properties built before 1978 must supply tenants with a pamphlet about lead-based hazards in the home. They must also disclose any known lead hazards present in the rental property.
  • Prior Manufacturing of Methamphetamines[7] – If the landlord knows that methamphetamine was previously manufactured on the premises, they must disclose this to both prospective and current tenants.

Security Deposits

Maximum: 1 month’s rent.[8] The parties can agree to a larger deposit if the tenant(s) pose a greater threat to the premises, it is furnished, or for other reasons.

Returning to Tenant: The deposit must be returned within 2 weeks after the end of the lease.[9] Tenants can request a list of all deductions within 45 days after the lease has ended.

Deposit Interest: No statute.

Uses of the Deposit: Landlords can make deductions from security deposits to cover any unpaid rent, to pay for other expenses owed to the landlord under the lease, or to bring the rental back to the condition it was in at the start of the lease (not including normal wear and tear).[9]