South Dakota Lease Agreement

Required Landlord Disclosures (2)

Disclosures allow landlords to inform tenants of additional information about a rental unit that the lease agreement doesn’t otherwise contain. They are either state or federally required, and landlords must provide them to the tenant at or before the lease signing.

1. Lead Paint: The only federally required disclosure requires landlords nationwide to inform tenants of any lead-based paint or lead-based paint hazards in units built before 1978.

2. Methamphetamine Contamination: If a landlord knows that a unit was previously used to manufacture methamphetamine, they must disclose that information to tenants (SDC § 43-32-30).

Security Deposit Regulations

Maximum Security Deposit Amount: South Dakota security deposits are generally capped at one month’s rent. However, landlords and tenants could negotiate a larger deposit if special conditions pose an additional danger to the property’s maintenance (SDC § 43-32-6.1).

Receipt of Deposit: Landlords in South Dakota are not legally required to provide a receipt for the security deposit.

Deduction Tracking: South Dakota landlords may withhold funds from the security deposit for unpaid rent or repairs to restore the unit to its original condition apart from normal wear and tear. If withholding funds, landlords must provide a written itemization for the charges within 45 days of the expiration of the tenancy (SDC § 43-32-24).

Returning a Tenant’s Security Deposit: If the landlord does not intend to use the security deposit for unpaid rent or repairs, it must be returned within 2 weeks (SDC § 43-32-24).

Landlord’s Access to Property

Advance Notice: South Dakota law allows landlords to enter a tenant’s unit with 24 hours’ written notice, including the date and time of entry, within normal business hours. The notice should also state the purpose of the entry and an option for the tenant to reschedule if necessary (SDC § 43-32-32).

Immediate Access: Landlords may enter a unit without notice only in cases of emergency (SDC § 43-32-32).

Landlord Harassment: If a landlord harasses the tenant by repeatedly entering the unit without permission, the tenant may obtain a court order to ban the landlord from further action and possibly recover the costs of any damages.

Rent Payment Laws

Grace Period: South Dakota has no mandatory grace period for late rent payments.

Late Rent Fees: North Dakota does not limit late rent fee amounts; however, lease agreements should include that information.

Tenant’s Right to Withhold Rent: If a repair is needed to make the unit safe and habitable, the tenant must provide the landlord with notice and give them a reasonable amount of time to repair. If the repair is not completed, the tenant can either make the repair and deduct the cost from the rent or withhold the rent. If the tenant withholds rent, they must place the withheld amount, not exceeding one month’s rent, into a separate bank account. Once the landlord completes the repair, the tenant must release the withheld money to the landlord. (SDC § 43-32-9).

Breach of Rental Agreement

Missed Rent Payment: Once a tenant misses a rent payment, the landlord may deliver a 3-day notice to quit and vacate. Landlords in South Dakota are not required to allow the tenant to make the payment before facing eviction (SDC § 21-16-2).

Lease Violation: Upon lease violation, the landlord can immediately deliver a notice to vacate and begin the eviction process. South Dakota landlords are not required to allow a tenant to cure a lease violation (SDC § 21-16-1).

Self-Help Evictions: A self-help eviction occurs when a landlord tries to remove a tenant without following the legal eviction process. Self-help evictions are illegal, and landlords/property managers should never attempt them.

Lease Abandonment: Tenants who break a lease early without a qualifying condition are liable for the remaining rent on the lease term. Landlords in South Dakota do not have a “duty to mitigate” and can pursue all outstanding funds from the tenant.

Ending a Lease

Month-to-Month: Landlords and tenants in South Dakota can terminate a month-to-month lease by providing at least 30 days’ written notice (SDC § 43-32-13).

Fixed-Term: Tenants who wish to break a lease early and without penalty must meet a legally qualifying condition. These conditions include entering active military duty, domestic violence, tenant death, landlord harassment, or uninhabitable living conditions.

Property Abandonment: If a tenant leaves personal property behind, landlords must give the tenant 30 days’ written notice for the tenant to claim the property. Landlords may dispose of or sell the property if the tenant hasn’t claimed it in that time period and can use the proceeds for storage fees, unpaid rent, or other debts from the tenant. The landlord must return any remaining proceeds to the tenant (SDC § 43-32-25, 43-32-26).

Renewing a Lease

Required Renewals: South Dakota landlords are not obligated to renew a tenant’s lease when the lease term expires.

Required Notice: Landlords are not required to notify the tenant when they do not intend to renew a fixed-term lease. However, month-to-month leases require at least 30 days’ written notice to terminate (SDC § 43-32-13).

Rent Control & Stabilization

South Dakota has no statewide rent control laws, leaving it up to the landlord to determine the rent increase. In fact, rent control is explicitly banned across the state (SDC § 6-1-13).