South Dakota Residential Lease Agreement

Last Updated: July 14, 2022 by Elizabeth Souza

The South Dakota residential lease agreement (“rental agreement”) is a written contract for the exchange of the temporary use of a residential property for regular, periodic payments (“rent”). Once signed by the landlord and tenant, the document becomes legally binding for both parties.

South Dakota Lease Agreement Disclosures

The below disclosures are required for all or some residential lease agreements in South Dakota.

Disclosure Applicable to
Meth Units with Potential Contamination
Lead Paint All Units Prior to 1978
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Methamphetamine Contamination Disclosure

Applicable to any unit where the landlord is aware of potential contamination in South Dakota.

In South Dakota, if a landlord has any knowledge relating to methamphetamine manufacturing on the property it must be disclosed in the rental agreement. If there are two or more housing units on the same property, only the unit where known contamination has occurred must be disclosed. The below disclosure can be used:

Methamphetamine contamination can be dangerous to Tenant(s) in high concentrations, presenting health concerns through absorption of the materials in the air.

This property:
[ ] Has been found to be contaminated above safe levels and is in the process of decontamination.
[ ] Has been found to be contaminated, but falls within safe levels after tests were conducted.
[ ] Has no suspicion of contamination

Download: South Dakota Methamphetamine Contamination Disclosure Form (PDF)

Lead-Based Paint Disclosure

Applicable to any rental units built prior to 1978.

It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints. This law requires landlords in South Dakota to:

Download: South Dakota Lead-Based Paint Disclosure Form (PDF)

Optional Disclosures & Addendums (Recommended)

The below lease agreement disclosures and addendums are not required by South Dakota law.  These disclosures can be helpful to include to help reduce future conflicts with tenants or reduce legal liability for landlords.

Optional Disclosure How the Disclosure is Helpful
Asbestos This disclosure informs tenants if there is asbestos at the property. If there is asbestos a tenant can take certain precautions to minimize the chance of disturbing the asbestos fibers.
Bed Bugs If the rental unit has a history of infestation, landlords should provide information on how to handle a bed bug infestation. This disclosure notifies the tenant of their obligation to cooperate with bed bug prevention and immediately report any sign of infestation to the landlord.
Landlord’s Name & Address Creates a line of communication for important notices and demands between tenant and landlord. Landlords or any authorized individual to act on behalf of the property should provide contact information (including their address) within or alongside the lease.
Late/Returned Check Fees Landlords should disclose if they will charge a late fee or a returned check fee in the lease agreement. In South Dakota there are no restrictions on late fees. Returned check fees are limited to $40 per bad check.
Medical Marijuana Use Inform tenants if medical marijuana use on the property is permittable. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only or inform tenants of designated smoking areas to not interfere with other tenants’ enjoyment of the premises.
Mold Disclosure Informing the tenant of the current mold status of a property protects the landlord against future liability of mold damages.
Move-in Checklist A move-in checklist holds the tenant accountable for future damages that they may cause.
Non-Refundable Fees A non-refundable charge must be written in the lease agreement. If a non-refundable charge is not written in the lease, the tenant may be subject to a refund upon termination of the lease.
Shared Utilities Arrangements For rental units with shared utilities, a landlord should disclose the specifics of how they are shared, and how each party’s bill is calculated. Providing this information to tenants will give them a reasonable expectation of what they owe each month.
Smoking Inform tenants of designated smoking areas to not interfere with other tenants’ enjoyment of the premises.

Consequences of Not Including Mandatory Disclosures

Disclosures outline the important health, safety, and property information and vary by state. If a landlord does not provide the tenant with the federally or state-mandated disclosures, they could face legal repercussions or monetary penalties.

If a landlord fails to disclose the lead-based paint hazard disclosure, they can face fines of up to $18,364 per violation. (24 CFR § 30.65)

It’s best to check with your local and state laws on which disclosures you must provide to your tenant.

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