The South Dakota rental lease agreement is a formal document that establishes the relationship between a landlord and a tenant. This legally binding contract includes specifics like the lease duration, monthly rental payments, security deposit stipulations, and the responsibilities of each party involved. The South Dakota lease agreement also guides the tenant’s occupancy and property maintenance, ensuring the landlord’s assets remain in good condition.
This rental agreement form is tailored to comply with South Dakota’s state-specific regulations. By signing this document, tenants agree to abide by its terms for the lease’s entirety, and landlords are assured of compliance with state laws governing rentals.
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The South Dakota Codified Laws, Chapter 43-32 (Lease of Real Property), provide a broad overview of the regulations and guidelines that dictate rentals.
The South Dakota Codified Laws, Section 43-32-6.1, specifically delineates the rules governing the collection and return of security deposits. This section states that a landlord may not demand more than one month’s rent for a security deposit unless exceptional circumstances justify a higher amount. If both parties agree, this can be specified in the lease.
Regarding returning the security deposit, South Dakota law, Section 43-32-24, mandates that landlords must refund the deposit within two weeks after the lease ends, provided the tenant supplies a forwarding address. Deductions from the deposit are permissible only for damages that exceed normal wear and tear. Furthermore, landlords must provide an itemized list of any deductions made from the security deposit if the tenant requests, which must be sent within 45 days of lease termination.
As outlined in Section 43-32-32 of the South Dakota Codified Laws, landlords must give tenants reasonable notice before entering the property. A written notice 24 hours in advance is typically considered adequate, setting a standard expectation for both parties. This notice must include the date or dates when the landlord intends to enter and specify a time period during normal business hours. The purpose for the entry must be clearly stated in the notice, whether it’s for maintenance, inspection, or any other legitimate reason.
Additionally, the notice must outline a method for the tenant to request a rescheduling of the entry. This provision ensures that tenants have some flexibility in managing their privacy and can accommodate such visits without significant inconvenience.
Landlords in South Dakota must make certain disclosures to tenants to ensure safety and transparency in housing. Properties built before 1978 must have a lead-based paint disclosure as mandated by 42 U.S. Code § 4852d. This law requires landlords to inform tenants about the potential risks of lead paint, accompanied by an informational pamphlet that outlines the health hazards associated with lead exposure.
Additionally, under Section 43-32-30, if a rental unit has been used for the manufacturing of methamphetamines, the landlord must inform any prospective tenant of this fact. This disclosure is crucial for ensuring the tenant’s safety and right to know about prior uses of the property that could affect their health.
| Document Name | South Dakota Rental Lease Agreement Form |
| Other Names | SD Rental Lease, South Dakota Residential Lease Agreement |
| Relevant Laws | South Dakota Codified Laws, Chapter 43-32 |
| Security Deposit Amount | One (1) month’s rent |
| Security Deposit Return | Fourteen (14) days after the lease ends |
| Avg. Time to Fill Out | 18 minutes |
| # of Fillable Fields | 119 |
| Available Formats | Adobe PDF |
