Rental Application Form – This form is used for potential Tenants to fill out before signing the rental lease agreement in order for Landlords to verify the Tenants income and employment history.
By Type (6)
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Residential Lease Agreement – The standard term is usually 12 months, but it can be any set duration. Download: PDF | Word (.docx) |
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Commercial Lease Agreement – A legally binding contract between a landlord and a business tenant for the rental of commercial property, outlining terms such as rent, lease duration, and permitted business use. Download: PDF | Word (.docx) |
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Month-to-Month Lease Agreement – A rental contract that allows a tenant to occupy a property on a monthly basis, with either party able to terminate the lease with written notice. Download: PDF | Word (.docx) |
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Rent to Own Lease Agreement – A rental contract that gives the tenant the option to purchase the property after or during the lease term. A portion of rent payments going toward the purchase price. Download: PDF | Word (.docx) |
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Roommate Lease Agreement – A contract between individuals sharing a rental property that outlines each person’s financial responsibilities, house rules, and terms of cohabitation. Download: PDF | Word (.docx) |
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Sublease Agreement – A legal contract that allows a tenant to rent out all or part of their leased property to another person, while still remaining responsible to the original landlord under the terms of the main lease. 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.
