A South Dakota sublease agreement is a legally binding agreement between a tenant of an apartment or rental property, and a new tenant that will be replacing him or her for a period of time. This type of agreement is used when tenant’s name is on the lease (a sublessor) and they need to leave the apartment for a period of one (1) month or more. Instead of paying rent in two locations, or moving out permanently, the tenant can find someone else to live in the apartment while they are gone. However, it is important that the sublessor understand that even while they are gone from the apartment, they are still on the hook for rent payments being on time and for the property remaining damage free. If any rent payments lapse, if damage occurs or if the sublessee abandons the rental, the landlord can legally pursue reparations from the sublessor, as his or her name will remain on the lease.
South Dakota does not specifically prohibit or grant the right to sublease a rental. This means that the landlord’s hold 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.