The South Dakota rental agreements are contracts for real property, written between a landlord and the tenant who seeks to use the property in exchange for regular payments (“rent”). The agreements establish the terms for the use of the property and must comply with South Dakota’s landlord-tenant laws.
South Dakota Rental Agreement Types
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South Dakota Required Lease Disclosures
- Methamphetamine Contamination Disclosure (required for some) – To avoid liability for health problems resulting from contamination, a South Dakota landlord must disclose any known methamphetamine contamination that exists or may have existed in the unit for lease to prospective tenants.
- Lead Based Paint Disclosure (required for some) – The risks posed by lead based paints in a pre-1978 rental unit must be disclosed in South Dakota in the form of an EPA-approved pamphlet, a lead based paint disclosure, and record of any known hazard.
To learn more about required disclosures in South Dakota, click here.
South Dakota Landlord Tenant Laws
- Warranty of Habitability – For a South Dakota unit to “fit for human habitation,” it must include the following: safe wiring and outlets, adequate plumbing, in-unit heating, and running water. Also, the landlord for that unit must provide repairs for those amenities in a “reasonable” amount of time after an issue arises. If they do not, their tenant may choose to perform a repair and deduct or simply withhold rent outright.
- Evictions – So long as a 3-day notice is issued in advance, a South Dakota landlord can eviction a tenant for non-payment of rent, violating a lease term, or committing an illegal act. This uniformity allows most evictions of these kinds to be carried out in less than a week.
- Security Deposits – South Dakota landlords cannot charge more than 1 months’ rent in value as a security deposit (unless agreed to within the lease). Then, 2 weeks after the cessation of tenancy, that landlord must return all remaining security deposit funds.
- Lease Termination – After providing 30 days of advanced notice, a South Dakota tenant may be allowed to terminate their month-to-month lease early. Meanwhile, a fixed-term lease can be broken off only by necessity for active military duty, landlord harassment, or unit uninhabitability.
- Rent Increases & Fees – South Dakota landlords can raise rent rates on a case-by-case basis based on their own discretion. While these do not need to be justified, they do need to be proceeded by 30 days of notice to all effected tenants. These landlords may also charge most any fee they see fit. Only bounced check fees are explicitly limited in value at $40.
- Landlord Entry – When intending to enter a tenant’s unit, a South Dakota landlord must provide 24 hours of notice. This notice must indicate who will enter the unit and at what time. These notices are not mandatory in cases of emergency, though.
- Settling Legal Disputes – Landlords and tenants are permitted to use South Dakota’s small claims court to settle their disputes. Generally, these cases (not including evictions) are limited in value to $12,000.
To learn more about landlord tenant laws in South Dakota, click here.
