South Dakota Residential Lease Agreement
A South Dakota residential lease agreement caps the security deposit at one month's rent, returned within 14 days after move-out. Free to create. Attorney review available.
Introduction
A residential lease agreement is a legally binding contract between a landlord (lessor) and a tenant (lessee) that sets the terms for renting a home or apartment: the rent, the length of the tenancy, the security deposit, each party's responsibilities, and how the tenancy ends. In South Dakota, leases are governed by South Dakota Codified Laws Chapter 43-32, Lease of Real Property. A landlord may not demand a security deposit larger than one month's rent, except by mutual agreement where special conditions pose a danger to the premises, and must return it within 14 days after the tenancy ends and the tenant's forwarding address is received, or give a written statement of reasons for withholding it (SDCL 43-32-24). Landlords must disclose federal lead-based paint hazards in housing built before 1978 and any actual knowledge of prior methamphetamine manufacturing on the premises (SDCL 43-32-30). Except in an emergency, a landlord must give reasonable notice before entering, and 24 hours written notice is presumed reasonable (SDCL 43-32-27). Attorney review is available as an option before you sign.
Key Things to Know
- 1
A residential lease agreement is a binding contract setting the rent, term, deposit, and responsibilities for renting a home, and it spells out how the tenancy can end.
- 2
The security deposit cannot exceed one month's rent, except when the lessor and lessee mutually agree to a larger deposit because special conditions pose a danger to the premises (SDCL 43-32-24).
- 3
The deposit must be returned within 14 days after the tenancy ends and the landlord receives the tenant's mailing address, or the landlord must send a written statement of the specific reasons for withholding it. If the tenant asks, an itemized accounting of any amount withheld is due within 45 days (SDCL 43-32-24).
- 4
Required disclosures include the federal lead-based paint pamphlet and disclosure for housing built before 1978, plus disclosure of any prior methamphetamine manufacturing the landlord actually knows about (SDCL 43-32-30).
- 5
Entry notice: a landlord must give reasonable notice before entering, except in an emergency or when notice is impracticable. Twenty-four hours written notice is presumed reasonable, and the notice must state the date, a reasonable time window, and the purpose of entry (SDCL 43-32-27).
- 6
South Dakota law sets no statutory cap on late fees and no mandatory grace period for rent. The lease itself should state any late-fee charge and grace period, since state law leaves those terms to the agreement.
- 7
There is no statewide rent control or just-cause eviction law in South Dakota. To end a month-to-month tenancy, either party generally must give one month's notice; a landlord must give at least 30 days written notice to raise rent on a month-to-month lease, and the tenant may then terminate within 15 days of receiving that notice (SDCL 43-32-14).
Key decisions before you file
Before you file a Residential Lease Agreement in South Dakota, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.
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South Dakota Requirements for Residential Lease Agreement
A South Dakota landlord may not demand or receive a security deposit greater than one month's rent, except that a larger deposit may be agreed upon between landlord and tenant where special conditions pose a danger to maintaining the premises (SDCL 43-32-24).
Within 14 days (two weeks) after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions, the landlord must return the security deposit or provide a written statement of the specific reasons for withholding it. If the tenant requests it, an itemized accounting of any withheld amount is due within 45 days. A landlord who fails to comply forfeits the right to withhold any part of the deposit, and bad-faith retention can carry punitive damages of up to $200 (SDCL 43-32-24).
For housing built before 1978, disclose known lead-based paint hazards and provide the federal lead hazard pamphlet (42 U.S.C. Section 4852d). Separately, a landlord who has actual knowledge of prior methamphetamine manufacturing on the premises must disclose that to any tenant or prospective tenant (SDCL 43-32-30).
Except in an emergency or when impracticable, a landlord must give the tenant reasonable notice before entering and enter only at reasonable times. Twenty-four hours written notice is presumed reasonable, and the notice must state the date, a time window during normal business hours, the purpose of entry, and a means for the tenant to request rescheduling (SDCL 43-32-27).
South Dakota Codified Laws Chapter 43-32 sets no cap on late fees and no mandatory grace period for rent. Any late fee and grace period apply only as the lease itself states, so the parties should spell out those terms in the agreement.
A month-to-month tenancy may be ended by either party giving notice at least as long as the rental period itself, not exceeding one month (SDCL 43-32-14). To modify lease terms such as raising rent, the landlord must give at least 30 days written notice before the end of the month; the tenant may then terminate by notifying the landlord within 15 days of receiving that notice.
South Dakota has no statewide rent-control, rent-stabilization, or just-cause-eviction statute. SDCL 43-32-27 lists an above-market rent increase only as a factor a court may weigh in a retaliation claim after a tenant's protected activity, not as a general cap on how much rent can be raised.
The landlord must keep the premises and common areas in reasonable repair and fit for human habitation, including working electrical, plumbing, and heating systems, except for damage the tenant causes, and this duty may not be waived (SDCL 43-32-8). The lease also may not authorize eviction of a tenant who calls emergency responders, and a documented victim of domestic abuse, unlawful sexual behavior, or stalking may terminate the lease early without penalty (SDCL 43-32-18.1, SDCL 43-32-19.1).
Frequently Asked Questions
A South Dakota residential lease should identify the landlord and tenant, the rental address, the rent amount and due date, the term (fixed or month-to-month), the security deposit amount, required disclosures (lead-based paint for pre-1978 housing and any known prior methamphetamine manufacturing under SDCL 43-32-30), and each party's maintenance responsibilities under SDCL 43-32-8.
Under SDCL 43-32-24 a South Dakota landlord may not demand or receive a security deposit greater than one month's rent, unless the landlord and tenant mutually agree to a larger amount because special conditions pose a danger to maintaining the premises. The deposit must be returned within 14 days after the tenancy ends and the tenant's forwarding address is received, or the landlord must give written reasons for withholding it.
Yes. You can generate a South Dakota residential lease agreement template at no cost and customize it with your rent, term, and deposit details. Attorney review is available afterward as an optional add-on if you want a licensed attorney to look over the finished lease before you sign.
No. South Dakota law does not require a residential lease to be notarized or witnessed to be valid. The lessor and lessee simply need to sign the agreement. Notarization is common for deeds and powers of attorney, but SDCL Chapter 43-32 imposes no such requirement for a residential lease.
Generally no. Under SDCL 43-32-27 a landlord must give reasonable notice before entering, except in a genuine emergency or where giving notice is impracticable. Twenty-four hours written notice is presumed reasonable, and it must state the date, a time window during normal business hours, the purpose of entry, and a way for the tenant to ask to reschedule.
Federal law requires a lead-based paint disclosure and pamphlet for any housing built before 1978. South Dakota also requires a landlord who has actual knowledge of prior methamphetamine manufacturing on the premises to disclose that to any tenant or prospective tenant (SDCL 43-32-30). No other statewide residential lease disclosures appear in SDCL Chapter 43-32.
A month-to-month tenancy renews automatically unless a party gives notice of intent to end it at least as far in advance as the length of the term, not exceeding one month (SDCL 43-32-14). To change the terms, such as raising rent, the landlord must give at least 30 days written notice before the end of the month, and the tenant may terminate the lease by notifying the landlord within 15 days of receiving that notice.
SDCL Chapter 43-32 sets no statutory cap on late fees and no required grace period for rent payments. Because state law is silent on both, the late-fee amount and any grace period come entirely from what the landlord and tenant agree to in the lease itself, so tenants should read that clause closely before signing.