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South Dakota Rental Lease Agreements | Residential & Commercial

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South Dakota rental agreements allow a landlord to enter into a contract with a tenant for the use of property in exchange for rent. The tenant will be obligated to pay rent and keep the premises in its current condition. In addition, the tenant will be responsible for their share of utilities and services (e.g. electricity, water, internet, etc.).

Rental Application – Used by the landlord to lookup the information provided by the tenant about their credit and tenancy history.

Table of Contents

Agreement Types (7)


Commercial Lease Agreement – Space that may be used for a business purpose and not for livable tenancies.

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Lease with Option to Purchase Agreement – Residential type with the added option of being able to purchase under terms agreed upon by the landlord and tenant.

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Month to Month Lease Agreement (§ 43-32-13) – Known as a tenancy at will and under State laws may be terminated with at least thirty (30) days’ notice by the landlord and fifteen (15) days by the tenant.

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Room Rental (Roommate) Agreement – For the individuals in a shared living arrangement where the common space such as the kitchen, living room, outside area, etc is shared by all parties.

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Standard Residential Lease Agreement – Standard term usually lasting of twelve (12) months but may be any specified amount of time.

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Sublease Agreement – A residence that allows the tenant, if desired, to re-rent their space that they are under agreement from the landlord in order to pursue another lessee to take their place.

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Termination Lease Letter – Used to cancel a month to month arrangement by issuing the required time under State Statute § 43-32-13 (30 days for landlords, 15 days for tenants).

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Disclosures

Lead-Based Paint – Federal law that requires all landlords of residential units built before 1978 must be made aware to the tenant by issuing the lead paint disclosure form.

Methamphetamines (§ 43-32-30) – If the landlord is aware that the residential premises was used for the manufacturing of Methamphetamines, or simply known as a “Meth-lab”, then the tenant must be informed.

Access

Landlord must provide at least twenty-four (24) hours’ notice before entering the property of the tenant (§ 43-32-32).

Security Deposits

Maximum (§ 43-32-6.1) – One (1) month’s rent unless the landlord can prove the tenant shall pose an extra danger to the premises.

Returning (§ 43-32-24) – All funds must be released back to the tenant within fourteen (14) days. If there are subtractions the lessee has the right to request the itemized deductions within forty-five (45) days.

Guides & Laws

(Video) What are the South Dakota Rental Laws?


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