South Dakota Month to Month Rental Agreement Form

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The South Dakota Month to Month Rental Agreement is a written  agreement between a tenant and landlord that will allow a tenant the freedom of renting a premises from month to month. The agreement will have a beginning date but written according to (§ 43-32-13)  which is also 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.  Although a short term lease will come with all of the same responsibilities of a long term lease, they are much easier to terminate for both parties, should it become necessary.  If after reading the entire document, tenants find they aren’t sure about the legal aspects, they may consider a consultation with an attorney.

Minimum Termination Period – 15 days for Tenants that terminate and 30 days if the Landlord decides to cancel.

Laws – § 43-32-13

How To Write

Step 1 – Download the form  – Enter the following:

  • Landlord’s name
  • Tenant’s name
  • Date the document

Step 2 – Premises – Enter:

  • The street address of the property
  • City in which it’s situated

Step 3 – Lease Term – Enter the start date of the agreement

  • The tenant should then read the remaining portion of this section. If the landlord is not made aware of the tenant’s intention to vacate the premises prior to 15 days written notice,(for tenants) they could lose the opportunity to recover their security deposit.

Step 4 – Lease Payments – Provide the following:

  • The amount of the monthly rental payment
  • The tenant must review the remainder of this section prior to signature

Step 5 – Late Payments – Landlord must enter the following information:

  • The initial late fee
  • The charge per day that must be added if the rent is late
  • The date that late rent payments breach the contract

Step 6 – Insufficient Funds – The Landlord must specify the amount that will be charged if they a check is received back insufficient

Step 7 – Security Deposit – The Landlord must enter the amount of a security deposit into this paragraph

  • The tenant should carefully read this section if they would wish to ensure recovery of their security deposit

Step 8 – Titled Sections Must be Carefully Reviewed –

  • Defaults
  • Quiet Enjoyment
  • Possession and Surrender of Premises
  • Use of Premises
  • Occupants
  • Condition of Premises
  • Assignment and Sublease
  • Dangerous Materials
  • Utilities and Services – (Landlord must check the utilities and services the landlord will be responsible to pay)
  • Pets (Landlord must enter pet deposit amount – (if any)
  • Alterations and Improvements
  • Damage to Premises
  • Maintenance and Repair
  • Right of Inspection
  • Holdover
  • Abandonment
  • Extended Absences
  • Security
  • Severability
  • Insurance
  • Binding Effect
  • Governing Law
  • Entire Agreement
  • Notice
  • Cumulative Rights
  • Waiver
  • Indemnification
  • Legal Fees
  • Display of Signs
  • Noise
  • Parking – (Landlord must specify what is allowable to the tenant with regard to parking rights) – Tenant should read this section since the landlord will claim no responsibility for damages
  • Balconies
  • Bicycles
  • Locking of Entrance Doors
  • Dwelling
  • Flood Zone
  • Truth In Renting
  • Window Guards
  • Water Leaks

Step 9 – Additional Terms and Conditions – If the landlord has any addendums not stated in this agreement enter them on the lines provided.

Step 10 – Signatures – All parties must enter:

  • Landlord’s Signature
  • Print Landlord’s Name
  • Signature of Tenant
  • Printed Name of Tenant
  • Signature of Co-Tenant
  • Printed Name of Co-Tenant

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