South Dakota Rental Lease Agreements
The South Dakota Rental Lease Agreements are drafted and signed by a landlord and tenant to make a record of an agreement between the parties regarding the rental of a residential property. The agreement represents a legal acknowledgment that both parties will respect the lease’s particular terms, or face consequences for not doing so.
Landlords and tenants should be aware that under state law, specifically § 43-32-5, a written contract is necessary for leases of more than one (1) year. To ensure key considerations are taken into account, the following guide can be referred to in preparation of this legal contract.
Types of Agreements
Commercial Lease Agreement – An individual who has a property fit for commercial lease can help ensure the legality of such a lease using this agreement.
Lease to Own Agreement – In order to set forth guidelines about how a tenant may purchase a rental property from a landlord, a Rent to Own contract should be drafted and signed by both parties.
Month-to-Month Lease Agreement – Lasting thirty (30) days at a time, this lease agreement is ideal for landlords and tenants seeking greater flexibility about general lease terms.
Roommate Agreement – This document highlights a particular set of rules that roommates of the same rental unit have promised to abide by.
Standard Residential Lease Agreement – Landlords based in South Dakota must ensure their lease agreement, like this one, is specific to their state.
Download – Adobe PDF
Sublease Agreement – This agreement will help to ensure that proper processes are in place when an original tenant is subleasing part or all of a rental property to another party.
What is a South Dakota Lease Agreement?
A South Dakota Lease Agreement is a document that a landlord and tenant sign to signify their compliance with a set of provisions relevant to the lease of a rental property. In order to assess which individual will be most suitable for the tenancy, landlords can ask prospective tenants to complete a rental application form.
State Definition – No state definition.
When is Rent Due?
As established by § 43-32-12, rent is due at the end of the month. There is no grace period provided by South Dakota landlord-tenant laws.
Emergency (§ 43-32-32): A landlord does not need to provide notice to a tenant to access the rental property in emergency cases.
Non-Emergency (§ 43-32-32): A landlord must give a tenant reasonable notice of their intent to enter and only enter at reasonable times. As the law states, “twenty-four (24) hours written notice is presumed to be a reasonable notice unless alternate methods of notification or times for entry are mutually agreed upon between the landlord and tenant in the lease.” The notice must specify relevant information about their intent to enter, namely: “the date or dates of entry, a period of time during normal business hours for entry, and the purpose of intended entry…[and also] a means for which the tenant may request to reschedule the entry.”
- Lead Paint Disclosure: Landlords of rental properties built before 1978 have two specific obligations to their tenants. Namely, they must supply tenants with a specific pamphlet about lead-based hazards in the home. They must also disclose to tenants of any known lead hazards present in the rental property.
- Prior Manufacturing of Methamphetamines Disclosure (§ 43-32-30): If a landlord has knowledge of the existence of any prior manufacturing of methamphetamines on the rental premises they must disclose this to potential and current tenants.
Security Deposit Laws
Maximum (§ 43-32-6.1): The maximum security deposit a landlord may charge a tenant is capped at one (1) month’s rent. However, if there are “special conditions [that] pose a danger to the maintenance of the premises,” a larger deposit may be agreed upon between the landlord and tenant.
Returning to Tenant (§ 43-32-24): The landlord must return the security deposit to the tenant within two (2) weeks after the termination of the tenancy and receipt of the tenant’s mailing address or delivery instructions. If there are any damages caused by the tenant that the landlord will deduct from the security deposit, the landlord must provide the tenant with a written statement showing the specific reason for the withholding of the deposit or any portion thereof. They must provide this statement to the tenant, upon their request, within forty-five (45) days after the termination of the tenancy.