Free South Dakota Rental Lease Agreement


Sample South Dakota Rental Lease Agreement

RESIDENTIAL LEASE AGREEMENT

THIS RESIDENTIAL LEASE (the “Lease”) dated this ___ day of ____________________,20___.

BETWEEN:

_______________

(the “Landlord”)

– AND-

_______________

(the “Tenant”)

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

    Leased Property

  1. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________, ______________________, South Dakota, ______________________ (the “Property”), for use as residential premises only.
  2. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  3. Term

  4. The term of the Lease is a periodic commencing at 12:00 noon on _____________of _____________, 20___ and continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy.
  5. Rent

  6. Subject to the provisions of this Lease, the rent for the Property is $_____________ per week (the “Rent”).
  7. The Tenant will pay the Rent weekly, on or before ______________ of each and every week of the term of this Lease to the Landlord at ______________________, ______________________, State of South Dakota, ______________________ or at such other place as the Landlord may later designate by Cash.
  8. Tenant Improvements

  9. The Tenant will obtain written permission from the Landlord before doing any of the following:

    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  10. Insurance

  11. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  12. Attorney Fees

  13. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party’s attorney fees.

  14. Governing Law

  15. This Lease will be construed in accordance with and exclusively governed by the laws of the State of South Dakota.

  16. Severability

  17. If there is a conflict between any provision of this Lease and the applicable legislation of the State of South Dakota (the “Act”), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.

  18. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.

  19. Amendment of Lease

  20. This Lease may only be amended or modified by a written document executed by the Parties.

  21. Damage to Property

  22. If the Property should be damaged other than by the Tenant’s negligence or willful act or that of the Tenant’s employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.

  23. Care and Use of Property

  24. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.

  25. The Tenant will not engage in any illegal trade or activity on or about the Property.

  26. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.

  27. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  28. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.

  29. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.

  30. Rules and Regulations

  31. The Tenant will obey all rules and regulations of the Landlord regarding the Property.

  32. Address for Notice

  33. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:

    1. Name: _______________
    2. Phone: ______________________
  34. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord’s address for notice is:

    1. Name: _______________
    2. Address: ______________________, ______________________, State of South Dakota, ______________________

      The contact information for the Landlord is:

    3. Phone: ______________________
  35. General Provisions

  36. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
  37. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord’s rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord’s rights in respect of any subsequent default or breach.
  38. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  39. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  40. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other’s acts, omissions and liabilities pursuant to this Lease.
  41. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  42. The Tenant will be charged an additional amount of .00 for each N.S.F. check or checks returned by the Tenant’s financial institution.
  43. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  44. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  45. This Lease constitutes the entire agreement between the Parties.
  46. During the last 30 days of this Lease, the Landlord or the Landlord’s agents will have the privilege of displaying the usual ‘For Sale’ or ‘For Rent’ or ‘Vacancy’ signs on the Property.
  47. Time is of the essence in this Lease.

IN WITNESS WHEREOF _______________ and _______________ have duly affixed their signatures on this ___ day of ____________________,20___.

_________________________________
Landlord: _______________

 

_________________________________
Tenant: _______________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

_________________________________
Tenant: _______________

 

 

Lead-Based Paint Disclosure

Property: ______________________, ______________________, South Dakota, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has NO knowledge of any lead-based paint and/or lead-based paint hazards in or about the Property.
  2. The Landlord has NO records or reports relating to lead-based paint and/or lead-based paint hazards in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of:

  1. the information contained in the above Landlord’s Disclosure including the above-mentioned reports and records; and
  2. the pamphlet Protect Your Family from Lead in Your Home (EPA-747-K-99-001) or an equivalent pamphlet that has been approved for use in the state by the Environmental Protection Agency.
Date: ___ day of ____________________,20___

  Tenant: _______________

per: _________________________________

The pamphlet Protect Your Family from Lead in Your Home can be ordered in hard copy or can be printed from the website http://www2.epa.gov/lead/protect-your-family-lead-your-home.

Asbestos Disclosure

Property: ______________________, ______________________, South Dakota, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has investigated and there is no asbestos in or about the Property.
  2. The Landlord has NO records or reports with respect to asbestos in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of the information contained in the above Landlord’s Disclosure including any reports and records.

Date: ___ day of ____________________,20___

Tenant: _______________

per: _________________________________

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.

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SD Rental Lease Agreement

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