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Rental Application – Recommended for potential tenants to fill out this form before signing the agreement in order for landlords to verify the tenants employment history.
By Type
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Residential Lease Agreement – Standard 1-year lease term. Download: PDF | Word (.docx) |
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Commercial Lease Agreement – Used for retail spaces, office buildings, warehouses, and industrial facilities. Download: PDF | Word (.docx) |
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Condominium Lease Agreement – Used for renting condo units. Download: PDF | Word (.docx) |
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Family Member Rental Lease Agreement – Used by relatives renting from family members. Download: PDF | Word (.docx) |
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Month-to-Month Lease Agreement – Tenancy at will with renewals every 30 days. Download: PDF | Word (.docx) |
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Rent to Own Lease Agreement – A lease that includes an option for the tenant to purchase the property. Download: PDF | Word (.docx) |
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Roommate Lease Agreement – Shared living arrangements. A binding contract outlining responsibilities and agreements between co-tenants. Download: PDF | Word (.docx) |
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Sublease Agreement – Used to Sublet unit with landlords approval. Download: PDF | Word (.docx) |
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
- Security Deposit Law
- Lease Termination
- Landlord’s Access to the Property
- Rent Due Date plus Late Fees
- Required Disclosure Forms
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)
- Lead-Based Paint Disclosure Form – Landlords must disclose lead-based paint if the property was built before 1978. [6]
- Methamphetamine Disclosure Form – Landlords must inform tenants if methamphetamine was made on the property prior to tenants move-in date. [7]
Additional Forms
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- 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.