The South Dakota Rental Lease Agreements are a set of legal forms designed to allow the temporary transfer of property from an owner to a tenant, for either residential or commercial reasons. Different kinds of leases will be needed for commercial or residential leases, due to the different laws surrounding both. Selling or leasing property in South Dakota requires a Property Management License.
Due to the variety of local and county laws surrounding specific kinds of leases, the location and type of property and what its intended use is, every lease is unique. As such, each lease should be read carefully and understood by all parties involved. A lease will typically cover the rent, any security deposit required, the address of the property and any specific clauses and requirements for the property and its use.
Form Description Types
South Dakota Rental Laws
Laws are pursuant to South Dakota Codified Laws Ann. 43-32-1 to 43-32-32.
South Dakota state law limits the amount a landlord can charge for a security deposit. A landlord can only charge up to one (1) month’s rent, unless they can prove that special conditions may cause the upkeep of the property to be in danger. After a tenant has moved out, the landlord will have forty five (45) days to return the security deposit.
There are no rent controlled communities in South Dakota, so there is no legal limit to how much a landlord can charge for rent. How much rent is will be spelled out clearly in the lease, as well as when it is due and what forms are acceptable. Failure to pay rent on time can result in a late fee. In South Dakota, there is no legal limit to how much can be charged for a late fee, but the fee must be spelled out in the lease itself.
In a One Year or longer Lease, the landlord may not increase or otherwise alter the rent until the lease has ended, unless a provision in the lease allows for a rent increase. In a Month to Month Lease, the rent may be increased at the landlord’s discretion, but the landlord must give the tenant at least one (1) month written notice before increasing it.
In a Month to Month Lease, the process for eviction is reasonably straightforward. A landlord can, at their discretion, give the tenant one (1) month to move out, unless they or their spouse are on Active Military Duty, in which case the landlord must give the tenant two (2) months to move out.
In a One Year Lease, if the tenant has violated the lease in a way that calls for eviction in the lease, the landlord can file for eviction immediately, without any requirement that the landlord give the tenant time to fix the violation. If the tenant has failed to pay rent or caused substantial damage to the property, the landlord can serve an Unconditional Quit Notice. After serving this notice, the landlord must give the tenant three (3) days to move out before filing for eviction.
After filing for eviction, the landlord will have a hearing with the local court system, where if they can show cause they will be allowed to serve an Eviction Notice. Until an Eviction Notice has been served, the landlord is not legally permitted to change the locks, install a deadbolt, tamper with utilities or otherwise try to force a tenant out.
In South Dakota it is illegal to refuse housing, alter rent, deny a property is available when it is or otherwise discriminate due to the following reasons:
- race, color, national origin, creed, religion, sex, family status, ancestry, physical or mental disability
- note that age, gender identity and sexual orientation are not covered
Landlord Right to Enter
There are no state laws governing a landlord’s right to enter in South Dakota, so it is governed by common law. Typically, unless it is an emergency situation, the landlord must provide reasonable notice (usually 24 hours) notice before entering the premises, at a reasonable time and for a reasonable purpose.