South Dakota does not specifically prohibit or grant the right to sublease a rental as part of their landlord-tenant laws. This means that the landlord holds the right to allow a tenant to sublease a unit. A tenant’s ability to sublease a rental depends on the wording of the rental agreement and whether or not the landlord wishes to allow it. If the landlord grants a tenant the ability to sublease the unit, the tenant should receive permission in writing.
A sublease is an agreement between the original tenant (sublessor or sublandlord) under a lease agreement for a rental unit and a new individual (sublessee or subtenant) who does not have a direct connection with the original lease agreement. The sublease agreement is tied to and incorporates the original (master) lease. In South Dakota, the language in the original lease controls the entire experience. If the original lease requires the permission of the landlord for the tenant to enter into a sublease, the original tenant (sublessor) must obtain written permission from the landlord to do so. If the original lease contains no language giving permission for the tenant to enter into a sublease, the original tenant (sublessor) should obtain written permission from the landlord to do so. The original tenant (sublessor) is still bound by all the requirements/obligations under the original (master) lease agreement.
A South Dakota sublease agreement should include the following sections: