Download South Dakota Rental Lease Agreement Templates [PDF]

A South Dakota lease agreement is a legally binding contract that stipulates the terms and conditions for residential and commercial leases in South Dakota.

Whether you are the landlord or the tenant, it is important to have a lease agreement that structures all your rights and obligations, lease terms, and rent amount. By having such a legal document signed, you minimize the possibility of having any disputes with the other contractual party and can protect your rights before the court.

Before the lease agreement drafting process starts, the landlord asks the tenant to submit a rental application. It contains all the tenancy-related information about the tenant, including their financial details and references from previous landlords. The landlord may also do a background check on the tenant. 

After the landlord reviews the rental application, they choose the most suitable tenant and start the negotiation and lease agreement drafting process.

South Dakota Lease Agreement Required Disclosures

There are two mandatory disclosures every lease agreement in South Dakota must include:

South Dakota Lease Agreement Optional Disclosures

Additionally, there are a few more disclosures that most of the contractual parties choose to include in their lease agreement. Although they are not required by any federal or state law, the following disclosures give you additional protection:

Consequences of Non-Disclosure

Federal law provides fines of up to $19,507 for each violation related to the non-disclosure of the lead-based paint hazard in the lease agreement. (24 CFR § 30.65)

Moreover, the landlord can be sued in civil court for damages caused by health and safety risks not properly mentioned in the lease agreement.

South Dakota Lease Agreement Security Deposits

Security Deposit Maximum

The maximum security deposit in South Dakota is set to be no more than one month’s rent. (§ 43-32-6.1)

In special cases where there is a higher need for property maintenance, the landlord and the tenant can agree on a higher security deposit.

Security Deposit Return

After the lease is over and the tenant provides the new forwarding address, the landlord has two weeks to return the security deposit to the tenant. 

If there is any default rent or damage outside of the usual wear and tear, the landlord can keep a portion of the security deposit. Upon the tenant’s request, the landlord shall also send an itemized list of all deductions within 45 days.

When is Rent Due in South Dakota? (Grace Period)

The rent in South Dakota is due on the date provided in the lease agreement.

There is no grace period for the rent payment stipulated in the South Dakota Statute.

That means the landlord can start charging the late fee as soon as the due date is over. They can also start the eviction after sending the tenant a 3-day notice to pay or quit.

South Dakota Rent Late Fees

There is no maximum amount allowed for late fees in South Dakota. However, to be legally charged to the tenant, all the late fees must be disclosed in the lease agreement.

South Dakota NSF Checks

If the check the tenant issued gets returned because of insufficient funds, the landlord is entitled to compensation according to South Dakota law.

The compensation is limited to no more than $40 for the processing fee plus the additional sales tax. (§ 57A-3-421)

South Dakota Landlord’s Right to Enter

The landlord must issue at least a 24-hour advance notice to the tenant before visiting the leased property. The 24-hour notice rule can be changed if the landlord and the tenant agree. (§ 43-32-32)

The notification must specify the date, time, and purpose of the access to the leased property.

The landlord can visit the property only at reasonable times. In practice, this would usually be between 9 a.m. and 8 p.m.

South Dakota Lease Agreement FAQ