A South Dakota lease agreement is a written, legally binding residential lease agreement between a landlord and a tenant that sets the terms for renting property in the state. It states the monthly rent, the lease length, the security deposit, and each party's responsibilities for maintaining the property. The agreement is governed by the South Dakota Codified Laws, Chapter 43-32, which covers rentals of real property throughout the state. Once both parties sign, it binds them to its terms for the full rental period.
Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current South Dakota law. If you notice an error or outdated information, please contact us.
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The state's rental laws are set out in the South Dakota Codified Laws, Chapter 43-32, which covers the lease of real property and the legal duties of landlords and tenants. This chapter governs how landlords and tenants handle security deposits, how a month-to-month tenancy ends, and how a landlord may raise the rent during a lease term.
The chapter also covers entry. Under SDCL 43-32-32, except in an emergency or where it is impracticable, the landlord must give the tenant reasonable notice of intent to enter and may enter only at reasonable times. Twenty-four hours' written notice is presumed reasonable unless the lease sets other agreed methods or times, and the notice must state the date, a time window during normal business hours, the purpose of the entry, and how the tenant may ask to reschedule.[5]
Under SDCL 43-32-30, a landlord who has actual knowledge that the premises were used to manufacture methamphetamines must disclose that to any tenant or prospective tenant. In a multi-unit property the duty applies only to the affected unit.[6]
Federal law also requires a landlord renting housing built before 1978 to give the tenant an EPA-approved lead hazard pamphlet and to disclose any known lead-based paint or lead hazards before the tenant is bound by the lease (42 U.S.C. § 4852d).[7]
A landlord may withhold from the security deposit only the amount reasonably needed for two things:
The landlord must return the deposit within twenty-one days after the tenancy ends, once the tenant provides a forwarding address or delivery instructions. If any amount is withheld, the landlord must send a written statement explaining why. A property owner who keeps a deposit in bad faith, or who fails to give that written statement, risks punitive damages of up to two hundred dollars. That same property owner also forfeits the right to withhold any part of it.[4]
South Dakota also caps the deposit. Under SDCL 43-32-6.1, a landlord may not demand or receive a security deposit of more than one month's rent, unless the landlord and tenant agree to a larger deposit because special conditions pose a danger to maintenance of the premises. That section governs the amount, while SDCL 43-32-24 governs the return rules above.[8]
A month-to-month lease continues automatically unless a party ends it. Under state law, either party must give notice of an intention to end the tenancy. The notice must come at least as long before the end of the rental term as the length of the term itself, not exceeding one month.[3] This same rule applies when the tenant is the party giving notice to end the tenancy.[1]
For a month-to-month rental, a landlord may raise the rent on the property or change other lease terms. This written notice is required at least thirty days before the end of the rental month, and the new terms take effect at the start of the next month.[2] You can count this notice period with FormsPal's deadline calculator.
FormsPal's builder creates a finished residential lease agreement for landlords and tenants in three simple steps. You answer a short set of questions about the rental, the builder fills in the legal document for you, and you save, print, and finalize the completed lease agreement.
Review the key legal details of this residential lease agreement template below before you use it. It is one of FormsPal's most used rental templates, built for landlords and tenants who need a written lease. South Dakota requires any lease of real property for longer than one year to be in writing and signed by the landlord or an agent authorized in writing (SDCL 43-32-5).[9]
| 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 Return | Twenty-one (21) days after the lease ends[4] |
| Avg. Time to Fill Out | 18 minutes |
| # of Fillable Fields | 119 |
| Available Formats | Adobe PDF |
Once you have signed the lease, keep a copy for your records. If you need to make text edits to your downloaded document, FormsPal's online PDF editor lets you fill in and edit it before you print or share it. FormsPal also offers free templates for other states and documents, and respects your privacy: your details are never shared.
South Dakota law gives tenants specific legal rights over the security deposit. A landlord must follow clear rules for withholding, returning, and explaining any deductions, and faces real penalties for skipping these steps. The two questions below cover what a landlord cannot do, and what rights this gives you as a tenant.
Under state law, a landlord cannot keep your security deposit past twenty-one days after your tenancy ends once you give a forwarding address, without a written statement explaining why. A property owner who acts in bad faith forfeits the right to withhold any part of the deposit and can owe punitive damages up to two hundred dollars.[4]
Tenants have the right to receive their full security deposit back within twenty-one days of the end of the tenancy, once they give the landlord a forwarding address. If the landlord withholds any part of the deposit, the tenant has the right to a written statement explaining why. A property owner who fails to meet these requirements forfeits the right to withhold the deposit and may owe punitive damages up to two hundred dollars.[4]
General information, not legal or tax advice.
Unless noted otherwise, the sources below are from the South Dakota Codified Laws, published by the South Dakota Legislature.
