South Dakota Residential Sublease Agreement

The South Dakota sublease agreement is a contract wherein one tenant rents (“sublets”) rental property to a new tenant (“sublessee”) in exchange for rent. With permission from the landlord, the sublessee gains access to part or all of the rental property.

When a tenant is not able to stay in the rental unit that they are renting for the entire term of the lease, they will have the option of creating a sublease agreement to prevent breaking the lease. This will transfer all of the rental responsibilities that fall on the tenant to the new third party that signs the sublease agreement. The new tenant will become the sublessee in this arrangement, and the original tenant will ask as the sublessor. This is an option that many students explore so that they can have housing during the semester, but go home during the summer when they are not taking classes.

Subletting Laws in South Dakota

In the state of South Dakota, the tenant is allowed to sublet the unit that they are renting. The landlord cannot refuse to allow this type of rental agreement, and when they do happen, the sublessee that is taking over the lease for the original tenant will be held accountable for any lease violations that they or their guests are responsible for doing.

What to Include in a South Dakota Sublease Agreement

  • The names of the original tenant and the new tenant.
  • The date that the sublease agreement begins and ends.
  • Whether or not the new tenant will be able to renew the lease after the sublease period has ended.
  • The amount of rent that the tenant will need to pay each month.
  • The address where the rent should be paid.
  • The security deposit that is required for the rental.
  • The utilities that will need to be paid and whether they will stay in the original tenant’s name during the term of the sublease agreement.
  • The terms of the lease. Make sure to include a copy of the original lease.
  • The signature of both parties.