A South Dakota rental agreement is a legal contract between a landlord overseeing a rental property and a tenant who wishes to use it. South Dakota landlord-tenant law governs and regulates these agreements.
South Dakota Rental Agreement Types
A South Dakota roommate agreement is a legal contract between two or more people (“co-tenants”) who share a rental property according to rules they set, including for things like splitting the rent. This agreement binds the co-tenants living together, and doesn’t include the landlord.
South Dakota Required Residential Lease Disclosures
- Methamphetamine Contamination Disclosure (required for some leases) – South Dakota landlords must disclose to prospective tenants any known methamphetamine contamination that exists or may have existed on the rental property.
- Lead-Based Paint Disclosure (required for some leases) – For any property built before 1978, federal law requires that a South Dakota residential lease must contain a lead-based paint disclosure with an EPA informational pamphlet, plus notice of any lead hazards on the property.
To learn more about required disclosures in South Dakota, click here.
South Dakota Landlord Tenant Laws
- Warranty of Habitability – South Dakota landlords can only rent out habitable property, which means providing features related to basic health and safety like heating, hot water, and sound structural elements. A tenant can ask a landlord to make repairs to any of these necessary features within a “reasonable” time. Failure to repair lets a tenant sue the landlord, repair and deduct, or terminate the lease.
- Evictions – South Dakota landlords may evict tenants for reasons like failure to pay rent, lease violations, or illegal acts. Eviction can’t proceed until the landlord serves advance notice to quit. The amount depends on the eviction type. An eviction in South Dakota usually takes from 5 weeks to 3 months.
- Security Deposits – South Dakota landlords can’t ask for more than 1 month’s rent as a security deposit, without the tenant’s written consent to a greater amount within the lease. At the end of the lease term, the landlord has 14 days to return any unused portion of a security deposit.
- Lease Termination – South Dakota tenants can terminate a month-to-month lease with 30 days of advance notice. A fixed-term lease can’t be terminated early without active military duty, landlord harassment, uninhabitable property, or domestic abuse.
- Rent Increases and Fees – South Dakota landlords have no maximum cap for a rent increase, and no advance notice requirement before an increase. There are no limits on late fees, but bounced check fees can’t be more than $60.
- Landlord Entry – South Dakota landlords can enter rental property for purposes reasonably related to the tenancy, like repairs and inspections. Before entering, a landlord must give at least 24 hours of advance notice, except in emergency situations.
- Settling Legal Disputes – South Dakota allows landlord-tenant disputes in small claims court. The amount in controversy must be under $12,000. South Dakota’s small claims courts lack equitable powers, so they can’t handle eviction cases.
To learn more about landlord tenant laws in South Dakota, click here.
Sources
- 1 S.D. Cod. L. § 57A-3-421
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If a merchant or place of business conspicuously posts a notice on its premises or if a merchant or place of business regularly extends credit and prints a notice on its customer statements of such size and location as to be conspicuous, stating that a fee will be assessed against returned checks, any person who issues a check or other draft to the merchant or place of business that is not honored for any of the following reasons upon presentment is liable for all reasonable costs and expenses of collection:(1) The drawer’s account is closed;(2) The drawer’s account does not have sufficient funds; or(3) The drawer does not have sufficient credit with the drawee.The costs and expenses provided for in this section are reasonable if they do not exceed sixty dollars plus any applicable sales tax.
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