View a sample South Dakota rental application form below and read further to learn more about what information should be included on rental applications in South Dakota, what information a landlord CAN’T ask for, and what South Dakota-specific regulations apply to the application process.
Disclaimer: the templates provided on this website are for reference & general informational purposes only. You should always speak with an attorney for all legal matters.
Applicable Law in South Dakota
Any time that a landlord has a vacant unit that they are looking to rent, they will need to have an application process that will allow them to look through prospective tenants to find one that is right for the unit. Typically an application will ask questions about the financial history, the credit history, and the background of the applicants. When a landlord wants to do a background check, they must have written consent from the applicant to do so, which means that they must be asked in the application if doing a background check is acceptable. In the state of South Dakota, there is no limit on the amount that the landlord can charge to apply for housing, and the fee is typically going to be non-refundable, so it will need to be submitted separately from the other things that a new tenant will need to pay.
Fair Housing Laws in South Dakota
Fair Housing laws are in place at the federal and state level to make sure that applicants in this state have a fair opportunity to get housing in a safe neighborhood that is accessible and convenient. A landlord cannot discriminate and deny an applicant based on the color of their skin, their ancestry, their familial status, their sex, their religion, their national origin, or disability. A landlord cannot sift through the applications to find a person for the unit that fits specific criteria because this is also considered to be an act of discrimination, and it is punishable by law.