South Dakota Standard Residential Lease Agreement


The South Dakota Standard Residential Lease Agreement, once signed by at least one landlord and one tenant, binds the parties into a set of obligations relating to the renting of a residential home or apartment, for a single (1) year. Once the agreement has been signed, the landlord will request the tenant(s) to pay a security deposit. State law (§ 43-32-6.1) restricts landlords from requiring any more than one (1) months’ rent, although it should be noted that the parties can agree on a higher deposit for special situations.

Tenant Screening: South Dakota Rental Application

State Laws

Laws: Codified Laws Ann. §§ 43-32-1 to 43-32-32

Maximum Security Deposit (§ 43-32-6.1): One (1) month’s rent, although a larger deposit may be agreed upon between the lessor and the lessee in situations where “special conditions pose a danger to [the] maintenance of the premises.”

Returning Security Deposits (§ 43-32-24): Once the lease has officially terminated, landlords have two (2) weeks to return deposits. The landlord may withhold the security deposit to remedy defaults in the payment of rent or other funds, or to repair damages to the premises at the fault of the tenant. Within forty-five (45) days, the lessor is required to provide the lessee with an itemized accounting of any amount taken out of the security deposit.

Required Notice for Property Access: No statute.

Multi-Housing Association Lease

Official South Dakota Multi-Housing Association Lease.pdf – This agreement fully complies with the state’s lease laws and includes several additional addendums and attachments, including a “Pet Agreement Addendum”, a disclosure on the production of methamphetamine, a “Crime Free Lease Addendum,” and a move out schedule.