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: hot/cold running water, sewer services, gas, and more. The tenant must provide the landlord with a notice to make the repairs, the notice should state the repairs needed and a specific reasonable deadline for making the repairs. If repairs aren’t made, a tenant may choose to perform a repair and deduct or simply withhold rent.
- Evictions – South Dakota landlords may evict tenants for a number of reasons including, but not limited to failure to pay rent, a violation of a leasing term, or committing an illegal act. Landlords must provide tenants with prior notice to quit, the amount of notice depends on the type of eviction. Evictions can take 5 weeks to 3 months to complete.
- Security Deposits – South Dakota landlords cannot charge more than 1 months’ rent in value as a security deposit (unless agreed to within the lease). The landlord has 14 days to return any unused portion of the deposit.
- 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 for the following conditions: active military duty, landlord harassment, domestic violence, or unit uninhabitability.
- Rent Increases & Fees – South Dakota landlords can raise rent rates without prior notice. There are no limits on late fees but bounced check fees are explicitly limited to $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.
- 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.
