South Dakota Residential Lease Agreement

South Dakota Residential Lease Agreement

Generate a comprehensive lease agreement compliant with South Dakota rental laws

Property Information
Landlord Information
Tenant Information
Lease Terms
Rent and Fees
Utilities and Services
Pet Policy
Parking
Occupancy and Use
Maintenance and Repairs
Additional Terms

Important Information for South Dakota Landlords

⚠️ Legal Notice: This lease generator provides a basic template. South Dakota has specific rental requirements under state statutes. Always consult with a qualified attorney to ensure your lease complies with all current federal, state, and local laws.

South Dakota Rental Law Highlights

Security Deposits (SDCL § 43-32-6.1, 43-32-24)

  • Maximum Amount: One month’s rent (no statutory limit on first month’s rent)
  • Return Timeline: 14 days after tenant vacates if no damages; 45 days if damages
  • Itemized Statement: Required within 45 days if deductions are made
  • Interest: Not required on security deposits
  • Move-In Inspection: Strongly recommended to document condition
  • Normal Wear and Tear: Cannot deduct for ordinary deterioration
  • Forwarding Address: Tenant must provide to receive deposit

Rent and Rent Increases

  • Grace Period: No statutory grace period required
  • Late Fees: Must be reasonable; typically stated in lease
  • Rent Increase Notice: 30 days for month-to-month tenancies
  • Fixed Term: Cannot increase rent during lease term unless specified
  • No Rent Control: South Dakota does not have rent control laws

Required Disclosures

💡 Important: South Dakota requires specific disclosures. This form does not include all required disclosures. You must separately provide:
  • Lead paint disclosure (pre-1978 properties) – Federal requirement
  • Name and address of landlord or authorized property manager
  • Move-in condition checklist (recommended)
  • Smoke detector information

Eviction and Termination (SDCL § 21-16-1 to 21-16-26)

  • 3-Day Notice: For nonpayment of rent (SDCL § 21-16-2)
  • 30-Day Notice: To terminate month-to-month tenancy (either party)
  • Court Process Required: Must file eviction action in circuit court
  • No Self-Help: Lockouts and utility shutoffs are illegal
  • Writ of Restitution: Required to remove tenant

Landlord Obligations (SDCL § 43-32-8, 43-32-9)

  • Habitability: Must maintain premises in habitable condition
  • Essential Services: Heat, water, hot water must be functional
  • Compliance: Must comply with applicable building and housing codes
  • Structural Integrity: Maintain in safe and weathertight condition
  • Smoke Detectors: Required per local ordinances
  • Common Areas: Keep clean and in good repair
  • Repairs: Must make necessary repairs within reasonable time

Entry Requirements (SDCL § 43-32-15)

  • Notice Required: Reasonable notice (typically 24 hours)
  • Reasonable Times: Entry during reasonable hours only
  • Emergency Exception: May enter without notice in emergency
  • Permitted Purposes: Inspection, repairs, showing to buyers/tenants
  • Court Order: May enter pursuant to court order

Tenant Rights and Protections

  • Quiet Enjoyment: Right to peaceful possession without interference
  • Privacy Rights: Right to reasonable notice before entry
  • Repair Remedies: Limited statutory remedies for uninhabitable conditions
  • Security Deposit Protection: Must receive deposit or itemization within timeline
  • Retaliation: Limited statutory protection against retaliation
  • Military Service: SCRA protections for active duty members

South Dakota-Specific Considerations

Security Deposit Return Timeline (SDCL § 43-32-24)

  • 14 days if no damages or deductions
  • 45 days if there are damages requiring itemization
  • Must provide itemized list of deductions with amounts
  • Tenant must provide forwarding address to receive deposit
  • Maximum deposit is one month’s rent

Limited Landlord-Tenant Statutes

  • South Dakota has relatively minimal statutory landlord-tenant law
  • Many issues governed by common law and lease terms
  • Written lease agreements are especially important
  • Clear documentation of property condition is critical
  • Local ordinances may provide additional requirements

Eviction Process (SDCL § 21-16)

  • 3-day notice to pay rent or vacate for nonpayment
  • Must file formal eviction (unlawful detainer) in circuit court
  • Court hearing typically within 10-14 days
  • Writ of restitution issued if landlord prevails
  • Sheriff executes writ to remove tenant
  • Self-help evictions are illegal

Abandoned Property (SDCL § 43-32-20)

  • Property presumed abandoned if tenant absent without notice
  • Landlord must provide written notice to tenant
  • May dispose of property after reasonable period
  • Should document abandoned condition with photos
  • Store valuable items for reasonable period

Smoke Detector Requirements

  • Required in most rental units (check local ordinances)
  • Landlord typically responsible for installation
  • Tenant responsible for battery replacement
  • Carbon monoxide detectors required in some jurisdictions
  • Check local fire codes for specific requirements

Fair Housing Requirements

⚠️ Discrimination: Cannot discriminate based on race, color, religion, sex, familial status, national origin, or disability under federal law. Some South Dakota cities may have additional protected classes.

Best Practices for South Dakota Landlords

  • Use comprehensive written leases for all tenancies
  • Conduct thorough move-in and move-out inspections with photos
  • Limit security deposits to one month’s rent
  • Return deposits within 14 days if no deductions, 45 days if damages
  • Provide itemized list if making deductions
  • Give reasonable notice (24 hours) before entering property
  • Keep detailed records of all transactions and communications
  • Respond promptly to repair requests
  • Maintain property to comply with housing codes
  • Install and maintain working smoke detectors
  • Never use self-help eviction methods
  • Follow proper court procedures for evictions
  • Clarify snow removal responsibilities in lease
  • Address heating system maintenance before winter
  • Consider landlord insurance with loss of rent coverage

Winter Weather Considerations (Critical in South Dakota)

  • Heating Systems: Must be functional throughout harsh winters
  • Snow Removal: Clearly specify responsibility (landlord vs. tenant)
  • Ice Dams: Address roof and gutter maintenance
  • Frozen Pipes: Ensure adequate insulation and heating
  • Emergency Access: Keep walkways and exits clear
  • Temperature Requirements: Maintain habitable temperatures
  • Winter Property Inspections: Check insulation, weatherstripping

Rural Property Considerations

  • Well Water: Landlord typically maintains well system
  • Septic Systems: Clarify maintenance responsibilities
  • Propane/Heating Oil: Specify who pays and maintains
  • Gravel Driveways: Specify maintenance responsibilities
  • Livestock/Farm Equipment: Include specific provisions if applicable

Resources

  • South Dakota Codified Laws (SDCL) – Title 43, Chapter 32 (Landlord and Tenant)
  • South Dakota State Bar – Real Estate Section
  • East River Legal Services
  • Dakota Plains Legal Services
  • Local housing authorities
  • Circuit courts (for eviction procedures)
  • South Dakota Apartment Association
⚠️ Disclaimer: This tool provides a template for informational purposes only and does not constitute legal advice. South Dakota has specific landlord-tenant laws including security deposit requirements (max 1 month’s rent, 14-day or 45-day return depending on damages), 3-day notice for nonpayment, reasonable entry notice, and unlawful detainer eviction procedures. South Dakota has relatively minimal statutory landlord-tenant law compared to other states, making comprehensive written leases especially important. This form does not include all required disclosures. Consult with a qualified South Dakota real estate attorney to ensure full compliance with all applicable federal, state, and local laws.