South Dakota Rental Lease Agreement Templates (6)

Agency Agreement for Lessee: When a prospective tenant or lessee enlists the services of a real estate agency, they may use this document to record the terms of the relationship (may also be used for purchasing parties).

Agency Agreement for Lessor: If a lessor decides to hire an agent to help lease their property, this contract can be implemented for the purpose of specifying the terms of the arrangement (applicable to property sellers as well).

Agreement to Manage and Lease Real Estate: Owners/Landlords looking to employ an individual or entity to oversee and lease their property should execute this agreement to chronicle the details of the pact made between both parties.

Real Estate Relationships Disclosure: Individuals who decide to hire a real estate professional should complete this document and deliver it to the other party for the purpose of disclosing that they have representation.

1.) Lead-Based Paint (42 U.S. Code § 4852d): Residential real estate constructed in 1978 or earlier will demand an additional disclosure statement for the tenant to be aware of endorse. The statement will additionally be supplemented by a government pamphlet listing the issues associated with the dangers of lead-based paint and exposure symptoms.

2.) Manufacturing of Methamphetamines on Premises (§ 43-32-30): It is required by law that if the landlord of property knows a rental unit has been utilized for the production of Methamphetamines, the new tenant must be informed of this information. If the manufacturing of the controlled substance was conducted in a multi-unit building, the tenant must only be notified if it is for the particular unit they are poised to rent.

Grace Period: South Dakota allows the lease to determine whether or not there is a grace period (Lease of Real Property) (SDCL § 43-32).
Unpaid Rent: Landlords can serve tenants with a 3-day notice to quit; however, they may rescind this notice upon payment (SDCL § 21-16-1).

Late fees must be explicitly present in the lease for a landlord to apply them (SDCL § 43-32-12).

Landlords are able to collect up to $60 as an NSF fee so long as they post a visible sign warning of such penalties (SDCL § 43-32-12).

South Dakota limits security to 1 month’s rent; however, for properties where “conditions pose a danger,” landlords request more (SDCL § 43-32-6.1).

Returning to Tenant: South Dakota specifically mandates landlords return the security deposit amount within 2 weeks of a tenancy’s termination (SDCL §43-32-24).
Itemized List: Landlords deliver a cost sheet of all deductions from the security amount within 45 days of the tenancy’s termination (SDCL § 43-32-24).

Standard Entry: South Dakota requires landlords give 24 hours’ notice (specifically, in writing) and obtain consent before entering (SDCL § 43-32-32).
Emergency Entry: Landlords have no obligation to gain consent whenever an emergency requires immediate access (SDCL § 43-32-32).

Landlords must make the determination of tenant abandonment or seek to regain the premises through the courts ((SDCL §43-32-25), (SDCL § 43-32-26)).

South Dakota explicitly allows tenants to deduct from the rent for critical repairs; however, the process depends on the amount:

• Tenants must give reasonable notice of the repair and may deduct up to one month’s rent to complete it accordingly
• Whenever repair costs are more than 1 month’s rent, the tenant pays into an escrow account, then seeks court assistance (SDCL §43-32-9).

Duty to Mitigate: Landlords must control their losses in order to limit their liability (SDCL § 21-1-5).
Domestic Violence: South Dakota enables victims to terminate the lease with notice so long as they satisfy several requirements:

• The notice must be in writing
• The most recent incident date is within 30 days of the notice date
• A copy of the police report from the most recent incident accompanies the notice
• The protection order resulting from the same incident and police intervention
• Documentation from a licensed health care provider
• The tenant assumes liability for the rent payment due on the month following the termination date (SDCL § 43-32-19.1).

Active Military: South Dakota enables active military to terminate their lease with no less than 30-days notice whenever relocating under orders (50 USC 3955).
Landlord Noncompliance: Tenants can not terminate over noncompliance; however, they may approach the courts for injunctive relief (SDCL § 43-32-9).
Landlord Harassment: South Dakota explicitly forbids landlord retaliation and requires the landlord to give notice, but tenants may not terminate early ((SDCL § 43-32-27), (SDCL § 43-32-32)).
Inhabitability: Tenants may vacate in extreme circumstances after notice, specifically when the inhabitability issue significantly interferes with health and safety (SDCL § 43-32-9).

Only an oral lease with a term that is less than one year is enforceable in South Dakota (SDCL § 53-8-2).

No city, county, or municipality may enact rent control laws since South Dakota strictly forbids this (SDCL § 6-1-13).

Landlords remain responsible for unclaimed property after the tenant vacates; however, the length of time depends on the value:

• Landlords must care for abandoned property worth less than $500 for ten days after the tenant vacates.
• Landlords store property worth more than $500 for at least 30 days after the tenant leaves ((SDCL §43-32-25), (SDCL § 43-32-26)).

A generalized account of the rules and regulations about leasing precedents and the procedure can be perused in the South Dakota Codified Laws § 43-32 – Lease of Real Property.