South Dakota Rental Lease Agreement Templates

The South Dakota standard rental lease agreement form is used when renting rental property between the landlord and tenant in exchange for monthly rent payments. The agreement becomes legally binding once signed by both parties sign the agreement form.

Create Online
Adobe PDF icon Adobe PDF
Microsoft Word icon Microsoft Word
Microsoft Excel icon Microsoft Excel
OpenDocument icon OpenDocument

Last updated January 15th, 2025

Document Preview

The South Dakota standard rental lease agreement form is used when renting rental property between the landlord and tenant in exchange for monthly rent payments. The agreement becomes legally binding once signed by both parties sign the agreement form.

747 views
  1. Home »
  2. Lease »
  3. South Dakota

What does the South Dakota Rental Lease Agreement Cover?

This document includes the following laws between the landlord and tenant in South Dakota:

South Dakota Residential Landlord & Tenant Act

The South Dakota Residential Landlord and Tenant Act is a guide for landlords and tenants that addresses the following.

  • Maintenance of the Property – Landlords must make sure that the property meets with the minimum housing standards and remains habitable. Tenants are responsible for keeping the premises clean and safe in the unit.
  • Rental Agreements – Outlines rules for written or oral rental agreements between both parties.[1]

Security Deposit Laws 

Landlords in South Dakota can require a security deposit and must return it within two weeks (14 days) after the tenant vacates, minus deductions for any damages.

  • 14 Days – Timeframe to return the deposit. [2]
  • Deductions (if any) must be itemized.
  • Normal wear and tear cannot be deducted.

Lease Termination Rules for the Landlord and Tenant

Leases in South Dakota may be terminated by either party under the following rules:

  • Landlord’s Ability to Terminate
    • 3-day notice for nonpayment of rent.
    • 30-day notice for material noncompliance with the rental agreement.
  • Tenant’s Ability to Terminate
    • With proper written notice for unsafe conditions or habitability issues.
    • 30 days’ notice to terminate a month-to-month lease.[3]

Landlord’s Access to the Rental Property

Landlords must provide a 24-hour notice before entering the rental unit unless it’s an emergency. [4]

Rent Due Dates and Late Fees

  • Late Fees – Must be written in the agreement.
  • Grace Period – 5-day grace period.
  • NSF Fee – $40 per bounced rent check. [5]

Required Disclosure Forms (3)

  1. Lead-Based Paint Disclosure Form – Landlords must disclose lead-based paint if the property was built before 1978. [6]
  2. Methamphetamine Disclosure Form – Landlords must inform tenants if methamphetamine was made on the property prior to tenants move-in date.  [7]

Additional Forms

    • Agency Agreement for Lessee – Used when a tenant hires an agent, outlining the terms (also applies to buyers).
    • Agency Agreement for Lessor – For property owners hiring an agent to lease or sell, detailing the terms.
    • Agreement to Manage and Lease Real Estate – For owners hiring someone to manage and lease their property.
    • Real Estate Relationships Disclosure – A form to disclose to others that a real estate agent is representing them.

Sources

  1. Codified Law 43-32 | South Dakota Legislature
  2. § 43-32-6.1
  3. § 43-32-19
  4. § 43-32-32
  5. § 57A-3-421
  6. dlr.sd.gov
  7. § 43-32-30

Sample South Dakota Rental Lease Agreement