South Dakota Lease Agreement Templates (6)

A South Dakota lease agreement is a legally binding agreement that outlines the terms and conditions of a rental property by landlords. This document can be used for commercial or residential use and states the rent amount, due date, expiration date, and circumstances of a lease.

Last updated March 31st, 2024

A South Dakota lease agreement is a legally binding agreement that outlines the terms and conditions of a rental property by landlords. This document can be used for commercial or residential use and states the rent amount, due date, expiration date, and circumstances of a lease.

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By Type (6)

Standard Lease Agreement – This is a lease between a landlord and tenant for residential use, usually lasting 12 months.
Commercial Lease Agreement – Similar to a standard lease, except the property is rented by a business for office, retail, or industrial space rather than residential.
Month-to-Month Lease Agreement – A lease with no specific termination date that may renew at the end of each month.
Rent-to-Own Agreement – Similar to a standard lease agreement with the ability for the renter to purchase the property from the landlord under specific terms.
Roommate Agreement – A document that states the responsibilities of two roommates sharing a common property or space from a landlord.
Sublease Agreement – With the landlord’s approval, a renter can re-rent the space to another individual.

Disclosures (2)

Lead-Based Paint Disclosure – This form must be provided to any tenant who is leasing a property built before 1978 in the state of South Dakota. EPA/HUD Fact Sheet

Methamphetamine Disclosure – If there has been any known manufacturing of methamphetamines on the property, then the landlord must disclose any knowledge to new and future tenants. § 43-32-30

Security Deposit

Maximum Amount – In South Dakota, the maximum a landlord may charge a tenant for their security deposit is one month’s rent. § 43-32-6.1

  • Exception – The security deposit may exceed one month’s rent if both the tenant and landlord agree on terms.

Returning to Tenant – The security deposit must be returned within 60 days of the lease’s end for commercial property leases. Residencial properities depsoit’s must be returned within 2 weeks. § 43-32-24

Collecting Interest – South Dakota law does not state whether you may collect interest on the security deposit.

Itemized List Required – A tenant may request a list of damages done to the property within 45 days of the termination of the lease for a residential property and 90 days for a commercial property.

Separate Bank Account – A landlord does not need to keep the lease’s security deposit in a separate bank account.

Landlord Access

General Access – In South Dakota, a landlord may access the property if they give the tenant what is deemed to be reasonable notice. In most states, a reasonable notice is 24 hours. § 43-32-32

Emergency Access – If a landlord needs to gain emergency access to their unit for safety or health reasons, they do not need to give a notice to their tenant.

Paying Rent

Grace Period – In South Dakota, there is no grace period for failure to pay the rent on time.

Maximum Late Fee – There are no laws covering the maximum late fee for delayed rent payments in South Dakota.

Returned Checks (NSF) – There are no laws covering the fee a landlord may charge if a tenant writes a bad check.

Withholding Rent – If a tenant needs repairs done at the rented property they may notify the landlord. If the landlord fails to repair within a responsible amount of time the renter may repair the unit themselves and deduct the costs from the rent due. § 43-32-9

Reasons for Eviction (3)

Non-Payment of Rent – If the tenant fails to pay rent within 3 days of the due date, he or she may be evicted from the property and served with a 3-day notice to quit or pay. §§ 21-16-1(4)

Non-Compliance – If a tenant breaks their lease by not complying with the duties and responsibilities agreed upon in the lease agreement, then they may be served an immediate notice to quit or comply. § 43-32-18

Tenant Maintenance – The tenant is expected to preserve the premises and property and keep it in good condition without damaging or deteriorating the leased space. § 43-32-10

Lockouts – The landlord does not legally have the right to lock their renter out of their leased property. § 43-32-6

Abandonment – No state documents mention what happens if the tenant vacates the property before their lease ends.