Grab our free sample or generate an official South Dakota lease agreement for residential use. Read further about required disclosures in South Dakota, optional addendums for things like pets, and what South Dakota landlord tenant laws apply to residential lease agreements.
Lease Agreement Sample
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Security Deposits in South Dakota
The security deposit in South Carolina is something that the landlord will hold on to during the tenancy of the tenant to pay for the cost of any repairs that need to be done when they vacate or to cover the cost of any unpaid rent. In this state, the maximum security deposit that can be charged is a single months’ rent. The landlord will need to provide a written statement to the tenant if they are holding any of the security deposit after the unit is vacant. They will have 45 days to return the deposit and provide an itemized list of the repairs. Any landlord that does not comply with these terms will forfeit the landlord’s right to any portion of the deposit, and they could be subject to an additional $200 for punitive damages.
Breaking a Lease in South Dakota
Sometimes, a tenant will need to break the terms of the lease before expected. This is something that is often frowned upon, and it will come with some serious repercussions, but if it cannot be avoided, then it’s best to know what to expect in South Dakota. Breaking the lease for a random reason will require the tenant to pay the rent for the remainder of the term, and it may make them lose their security deposit. However, there are some reasons that breaking a lease may be justified. Some of the acceptable reasons to break a lease include living in a unit that is unsuitable for living in because the space violates the safety codes of the state, having a landlord who is breaching the privacy or quiet enjoyment of a tenant, or the tenant is entering into active military service.
Eviction Process in South Dakota
When the tenant fails to pay the rent on time, or they have been caught violating the terms of the lease in some way, the first step towards eviction is for the landlord to send a Notice to Quit to the tenant. In this state, there are three different notices that can be used, depending on the reason for the notice. When the tenant fails to respond to this notice, the landlord will have the option to go to the local magistrate or court to file a Forcible Entry and Detainer Action. Once the Landlord fills out a Complaint and Summons, the papers will be served to the tenant. The tenant will then have to respond within four days and attend a court hearing to receive judgment.