Free South Dakota Rental Lease Agreement


South Dakota Rental Lease Agreement

Like every other state, the rental laws for residential units determine your right and obligation. As you get ready to fill your free South Dakota rental lease agreement, you might want to go through these rules.

  • The Official Rules and Regulations

    • The Lease of Real Property – S.D. Codified Laws Ann. §§ 43-32-1 to 43-32-30

    • The Limitation of Actions – S.D. Codified Laws Ann. §§ 15-2-1 to 15-2-36

    • Forcible Entry and Detainer – S.D. Codified Laws Ann. §§ 21-16-1 to 21-16-12

    • Attorney General’s Consumer Handbook

    • Attorney General’s Guide to Landlord-Tenant Disputes

  • Security Deposit

    • In the state of South Dakota, the security deposit maximum equals one month’s rent although a larger amount could be agreed upon in the rental lease agreement in South Dakota if special conditions pose a danger to the maintenance of the premises

    • No statutes define or guide on the security deposit interest, pet deposits, non-refundable fees, or setting up of a separate security deposit bank account

    • The deadline for returning the security deposit is 2 weeks, and a written statement of withholdings should be issued within 2 weeks even though the landlord will have 45 days to provide an itemized list of damages as per the request of the tenant.

    • The security deposit can be used to recover any unpaid rent or fees or to restore the premises to the condition it was in at the beginning of the rental lease agreement for tenancy.

    • If requested, the landlord is required to prepare a written description or an itemized list of charges and damages from the day of termination of the lease

    • No statutes govern the receipt of security deposits or record keeping of the deposit withholdings.

    • If a landlord fails to comply or forfeits the rights to withhold any portion of the deposit, in bad faith, the landlord will be subject to punitive damages of up to $20,000

  • Lease, Fees, and Rent

    • In the South Dakota, rent is due monthly at the end of the month

    • For rent increase, a 30-day written notice is required

    • The state has no statutes for prepaid rent, rent grace periods, or late fees.

    • $40 is the amount you pay for any returned checks

    • While the statutes don’t allow tenants to withhold rent for failing to provide essential services, it allows withholding of rent if the conditions render the premises unfit for habitation

    • Tenants can repair and deduct rent only if the tenant gives notice of the specific conditions requiring repair, and if the landlord doesn’t repair within a reasonable amount of time. If the repair work costs more than one month’s rent, the tenant must specify the reason and withhold in a separate bank account

    • South Dakota doesn’t have a statute that allows a landlord to recover court and attorney fees, abandonment and early termination, or making reasonable attempts to mitigate damage or to re-rent.

  • Notices and Entry

    • A fixed end date lease doesn’t require notice of termination of the lease.

    • A yearly lease with no end date, on the other hand, requires a notice of lease termination notice included in the lease agreement.

    • Termination of monthly leases require 30-days written notice, and the tenant should give the notice to terminate their lease effective the first day of the next month within 15 days after receipt of the notice. Servicemen and their immediate family get a 2-month notice for lease termination.

    • In weekly leases, the termination of the tenancy requires notice of one week if the lease has no end date.

    • Termination of tenancy with a 24-hour notice is acceptable if the tenant commits waste and the landlord could start the eviction process immediately.

    • The state has no statute guiding giving of notices for time or date of move-out inspections.

    • To terminate a weekly lease for nonpayment, the landlord can evict the client if rent is three days past the due date.

    • To terminate yearly and monthly leases for nonpayment, the landlord will also have to evict within 3 days after the due date for the rent elapses

    • In the event of a lease violation, the landlord may terminate the lease before the end of the term if the tenant uses the premises in the wrong way.

    • A reasonable 24 hours is required before entry, but the reason for entry should be specified

    • Entry is allowed, with notice of repairs and maintenance if they are not emergencies

    • Entry is permitted, without notice, in an emergency

    • The state has no statutes for pesticide use notification to tenants or allowing entry after a tenant’s extended absence

    • The state of South Dakota, just like the other states doesn’t allow lockouts or utility shut-offs.

Disclosures and Miscellaneous Notes

This section has matters relating to landlord and tenant duties, Lead disclosures, abandonment of property, retaliation, knowledge of the manufacture of methamphetamines, the copy of leases, names, and addresses, as well as domestic violence situations

Court Matters

The state of South Dakota has set Small Claims Court Limits at $12,000 although the limit changes. Eviction cases are not allowed.

The statute of limitation accepts written and oral contracts up to their 6th year.

Business Licenses

Like other states, cities and counties may have different regulations and requirements for business licenses, but no state-wide statutes for licenses are available.

For your rental lease agreement form in South Dakota, full up the above details.