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What Is a South Dakota Lease Agreement?

A South Dakota lease agreement is a written contract between the landlord and the tenant. The tenant pays an amount each month that’s listed in the lease agreement in exchange for use of the property. All South Dakota lease agreements must comply with the state’s landlord-tenant laws.

The Most Commonly Used South Dakota Lease Agreements

The most commonly used South Dakota lease agreements are standard residential leases, month-to-month residential lease agreements, lease with an option to buy, roommate agreement, subleasing agreement, and a commercial lease agreement.

How to Write a Standard South Dakota Lease Agreement

A standard South Dakota lease agreement is usually written for a term of one year. A South Dakota lease agreement should include the following:

  • The date that the lease was created
  • Name of the tenant and the landlord
  • The address of the tenant and the landlord
  • The date the lease starts and the date the lease ends
  • The amount of security deposit paid by the tenant
  • The amount of rent the tenant will pay each month, the date the rent is due, how the rent payment may be made, when the rent is considered late, and the amount of any late fee and any NSF fee charged
  • A list of utilities the tenant is required to pay
  • The names of all the occupants
  • Whether pets are allowed
  • Whether subletting is allowed
  • How repairs may be requested
  • The obligations of the owner
  • The landlord’s right to enter
  • Any special provisions related to the lease

The signatures of the parties. The document isn’t a legally binding contract unless it is signed and dated by the parties.

What Disclosures Must Be Made in South Dakota Lease Agreements?

South Dakota landlords must disclose to tenants whether the property was ever used as a meth lab. If the residential property was constructed before 1978, the tenant is entitled to a disclosure about the possibility of lead paint.

What You Need to Know about South Dakota Lease Deposits

The most a landlord may request as a security deposit is one month of rent unless the landlord can prove that the tenant is more likely to cause damage or create a danger to the premises. The security deposit must be returned to the tenant within 14 days of the end of the lease unless the landlord is withholding part of the deposit for damages. Then, they have 45 days and should provide a list of itemized deductions.

Download a PDF or Word Template

South Dakota Lease Agreement

South Dakota Month to Month

South Dakota Sub-Lease

South Dakota Rental Application