Free South Dakota Lease Agreement Template

A South Dakota lease agreement is a written contract between a landlord and a tenant that sets the terms for renting a residential property in South Dakota. It explains who is renting, how much rent is due, when payments are made, how the security deposit works, and what rules apply to the property.

Landlords use a South Dakota lease agreement when renting out a house, apartment, or other residential unit. Putting everything in writing helps prevent misunderstandings and makes it easier for both sides to follow South Dakota landlord-tenant laws.

South Dakota has several rules that landlords and tenants should understand before signing a lease. Key points include:

• Rent control: South Dakota does not allow local rent control ordinances. Cities and counties cannot cap rent amounts. (See SD Codified Laws § 6-1-13.)
• Limit on late fees: State law does not set a specific cap on late fees.
• Late fees in the lease: Late fees should be clearly stated in the rental agreement.
• Grace period: There is no statutory grace period for late rent.
• Landlord license: South Dakota does not require a statewide rental license for landlords.

Many landlords also use a rental application to screen potential tenants before offering a lease, checking income, references, and rental history.

South Dakota landlords must provide certain disclosures before or at the time of signing the lease:

• Lead-based paint disclosure: For homes built before 1978, federal law requires landlords to disclose known lead-based paint hazards and provide an EPA-approved lead information pamphlet. (See 42 U.S.C. § 4852d.)
• Methamphetamine production disclosure: If the property was previously used to manufacture methamphetamine, the landlord must disclose this to prospective tenants. (See SD Codified Laws § 43-32-30.)

Document Genius’s guided form prompts you to include these disclosures when they apply to your property.

South Dakota sets limits and timelines for security deposits that should be reflected in your lease:

• Maximum amount: In most cases, a landlord may collect up to one month’s rent as a security deposit. (See SD Codified Laws § 43-32-6.1.)
  • Exception: A higher deposit is allowed if both parties agree and special conditions pose greater risk to the property.
• Receipts: State law does not require landlords to provide a written receipt for the deposit.
• Interest payments: Landlords are not required to pay interest on security deposits.
• Separate bank account: South Dakota law does not require landlords to hold deposits in a separate account.
• Return deadline: After the tenant moves out, the landlord generally has two weeks to return the security deposit. (See SD Codified Laws § 43-32-24.)
• Itemized deductions: If the landlord makes deductions for damage or unpaid rent, they must provide an itemized list within 45 days after the tenant vacates the property, if the tenant requests it. (Also see SD Codified Laws § 43-32-24.)

Including these rules in your South Dakota lease agreement sets clear expectations for move-out and helps avoid disputes.

Your lease should clearly explain rent amounts, due dates, and any late fees. South Dakota law provides the following framework:

• Rent due date: Unless the lease states otherwise, rent is due at the end of each month. (See SD Codified Laws § 43-32-12.)
• Rent control: There is no statewide rent control, and local governments may not adopt rent caps. (See SD Codified Laws § 6-1-13.)
• Rent increases: For ongoing tenancies, landlords may raise rent with proper written notice, typically at least 30 days before the increase takes effect. (See SD Codified Laws § 43-32-13.)
• Late fees and grace period: State law does not cap late fees or require a grace period. A landlord may charge reasonable late fees as soon as rent is late if these fees are clearly described in the lease.
• Non-payment of rent: If a tenant fails to pay rent, landlords may use a short written notice period (often three days) to demand payment or regain possession, depending on the situation and local court practice.
• Withholding rent for repairs: If a landlord does not fix a serious issue after being notified and given a reasonable time, tenants may arrange repairs and deduct the cost from rent. If repairs exceed one month’s rent, tenants may place rent in a separate account and use the funds only for needed repairs. (See SD Codified Laws § 43-32-9.)

Document Genius’s customizable template lets you set payment methods, late fees, and notice periods in line with these rules.

South Dakota law limits when and how landlords may enter a rental unit:

• Notice requirement: Landlords must typically give reasonable notice before entering the property, which is often treated as about 24 hours, and entry must be at a reasonable time during normal business hours. Notice is not required in an emergency or when giving notice is impractical. (See SD Codified Laws § 43-32-32.)
• Locks and security: Tenants may change the locks unless the lease states otherwise, but landlords may not change the locks to force a tenant out as a self-help eviction tactic. (See SD Codified Laws § 43-32-6.)

Spelling out entry rules in your South Dakota lease agreement helps protect both privacy and property.

Both landlords and tenants have repair and maintenance responsibilities under South Dakota law.

• Landlord responsibilities: Landlords must keep the rental premises and common areas in a condition fit for human habitation and in safe working order, unless damage is caused by the tenant’s malicious, willful, or negligent behavior. (See SD Codified Laws § 43-32-8.)
• Tenant responsibilities: Tenants must preserve the unit, appliances, and fixtures in good condition. They must repair damage caused by their malicious, willful, or negligent conduct, or that of anyone acting under their direction. (See SD Codified Laws § 43-32-10.)
• Non-compliance and abandonment: If a tenant breaches the lease by failing to make required repairs or misusing the property, the landlord may serve an immediate notice to quit for non-compliance and seek to end the tenancy. (See SD Codified Laws § 43-32-18.)

Including clear repair and maintenance clauses in your South Dakota lease agreement helps prevent conflict when problems arise.

South Dakota law explains how leases may end and how to handle tenants’ belongings after move-out:

• Month-to-month tenancies: A landlord may end a month-to-month tenancy by giving at least one month’s written notice. If the tenant is on active military service, the landlord must give at least two months’ notice. (See SD Codified Laws § 43-8-8.)
• Unclaimed property under $500: If a tenant leaves property worth less than $500, the landlord may treat it as abandoned after 10 days and dispose of it. (See SD Codified Laws § 43-32-25.)
• Unclaimed property over $500: For property worth more than $500, the landlord should store it for 30 days. After that period, it may be sold or otherwise disposed of if the tenant has not claimed it. (See SD Codified Laws § 43-32-26.)

Document Genius helps you clearly describe notice periods, move-out rules, and how you will handle any belongings left behind.