South Dakota Standard Residential Lease Agreement

A South Dakota standard residential lease agreement is a contract that establishes the conditions for a landlord to rent out a property to a tenant. The lease outlines the rental price, payment schedule, contract duration, and any extra fees or deposits mandated by the landlord. Additionally, it specifies which party is responsible for covering utility costs.

The terms of the agreement are subject to negotiation after the tenant has viewed the property and expressed interest.

• Lease Length Considerations
• Required Disclosures
• Security Deposit
• Rent Payment
• Landlord Resources
• Related Forms

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Lease Length Considerations

• Leases in South Dakota can be either fixed-term or month-to-month. Fixed-term leases have a specific start and end date, while month-to-month leases are renewed automatically each month unless terminated by the landlord or tenant.

Required Disclosures

• Lead-based paint disclosure
• Methamphetamine production disclosure

You can find more information on the necessary disclosures on our South Dakota lease agreement page.

Security Deposit

• Maximum Amount ($): One month’s rent. [1]
• Returning to Tenant: Two weeks. [2]

Rent Payment

• Grace Period: There is no statewide statutory grace period for paying rent.
• Maximum Late Fee: There is no maximum late fee in the state’s laws.
• NSF Fee: A landlord can charge no more than $60 for a bad check. [3]

Landlord Resources

• Landlord-Tenant Laws – § 43-32 (Lease of Real Property).
• Handbook – Landlord-Tenant Rights and Responsibilities.

Related Forms

South Dakota Rental Application

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1. SD Codified Laws § 43-32-6.1. https://sdlegislature.gov/Statutes/43-32-6.1
2. SD Codified Laws § 43-32-24. https://sdlegislature.gov/Statutes/43-32-24
3. SD Codified Laws § 57A-3-421. https://sdlegislature.gov/Statutes/57A-3-421

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