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South Dakota Rental Lease Agreements | Residential & Commercial

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The South Dakota rental agreements, in accordance with Chapter 43-32 (Lease of Real Property), allows for the relationship between a party seeking to rent real estate (the “Landlord”) and a party that is looking to occupy space (the “Tenant”). The tenant will usually make payment on a monthly basis on the stated day of the month located in the lease. All terms and conditions must be followed in the contract and if any are to be violated the tenant or landlord shall be in default.

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

Table of Contents


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

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.

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.

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.

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

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.

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).


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.


There is no State law that requires the landlord to provide a certain period of time before entering the premises for a non-emergency reason.

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?