Lease Template Updated January 10, 2025
A residential lease agreement in South Dakota is a vital legal document that clearly defines rental terms, payment details, property rules, and the responsibilities of both landlords and tenants. It protects the landlord's interests while ensuring compliance with South Dakota laws.
Our form includes:
Parties Identification
Lease Term
Rent Payment Terms
Security Deposit
Maintenance Responsibilities
State-Specific Disclosures
State-Specific Notices
These disclosures and addenda ensure compliance with state laws and protect both landlords and tenants.
Disclosure |
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Landlord's Name and Address
<p>While South Dakota law does not explicitly require landlords to disclose their name and address within the lease agreement, it is standard practice to include this information to facilitate clear communication between landlords and tenants.</p>
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Landlord's Name and Address
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While South Dakota law does not explicitly require landlords to disclose their name and address within the lease agreement, it is standard practice to include this information to facilitate clear communication between landlords and tenants. |
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Lead Paint - Know Presence
<p>Applies to units built before 1978 where the presence of lead paint has been confirmed.</p>
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Lead Paint - Know Presence
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Applies to units built before 1978 where the presence of lead paint has been confirmed. |
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Lead Paint - No Know Presence
<p>Applies to units where no evidence of lead paint is present or units built after 1978.</p>
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Lead Paint - No Know Presence
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Applies to units where no evidence of lead paint is present or units built after 1978. |
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Condition of the Premises
<p>While not explicitly required by South Dakota law, it is advisable for landlords and tenants to document the condition of the rental unit prior to occupancy. This can be achieved through a move-in checklist or inspection report, which helps prevent disputes over security deposit deductions upon move-out.</p>
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Condition of the Premises
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While not explicitly required by South Dakota law, it is advisable for landlords and tenants to document the condition of the rental unit prior to occupancy. This can be achieved through a move-in checklist or inspection report, which helps prevent disputes over security deposit deductions upon move-out. |
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Late/Returned Fees
<p>South Dakota law does not specify limits on late fees; however, they must be reasonable and clearly stated in the lease agreement. <br>As of July 1, 2024, South Dakota law allows landlords to charge up to $60 for a returned check due to insufficient funds, provided this charge is disclosed in the lease or posted conspicuously.</p>
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Late/Returned Fees
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South Dakota law does not specify limits on late fees; however, they must be reasonable and clearly stated in the lease agreement. |
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Mold Disclosure
<p>South Dakota law does not require landlords to disclose the presence of mold. Nonetheless, maintaining the property to prevent mold growth falls under the landlord's duty to provide habitable premises.</p>
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Mold Disclosure
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South Dakota law does not require landlords to disclose the presence of mold. Nonetheless, maintaining the property to prevent mold growth falls under the landlord's duty to provide habitable premises. |
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Non-Refundable Fees
<p>Landlords must clearly disclose any non-refundable fees in the lease agreement to enforce them</p>
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Non-Refundable Fees
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Landlords must clearly disclose any non-refundable fees in the lease agreement to enforce them |
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Smoking
<p>Landlords are encouraged to specify smoking policies within the lease agreement, indicating whether smoking is permitted on the premises and, if so, any restrictions or designated areas.</p>
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Smoking
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Landlords are encouraged to specify smoking policies within the lease agreement, indicating whether smoking is permitted on the premises and, if so, any restrictions or designated areas. |
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Security Deposit Disclosure
<p>South Dakota law limits security deposits to one month's rent, unless special conditions pose a danger to the maintenance of the premises, in which case a higher deposit may be negotiated. Upon termination of the tenancy, landlords must return the security deposit within two weeks, along with an itemized statement of any deductions.</p>
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Security Deposit Disclosure
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South Dakota law limits security deposits to one month's rent, unless special conditions pose a danger to the maintenance of the premises, in which case a higher deposit may be negotiated. Upon termination of the tenancy, landlords must return the security deposit within two weeks, along with an itemized statement of any deductions. |
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Flood Hazard Disclosure
<p>South Dakota law does not mandate landlords to disclose if a property is in a flood zone; however, it's considered good practice to inform tenants of potential flood risks.</p>
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Flood Hazard Disclosure
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South Dakota law does not mandate landlords to disclose if a property is in a flood zone; however, it's considered good practice to inform tenants of potential flood risks. |
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Radon Disclosure
<p>South Dakota does not require radon disclosures.<br>However, if a landlord is aware of elevated radon levels, it is prudent to inform tenants to ensure transparency and safety.</p>
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Radon Disclosure
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South Dakota does not require radon disclosures. |
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Bed Bugs Disclosure
<p>While South Dakota law does not explicitly require landlords to disclose bed bug infestations, they are obligated to maintain rental properties free from pests, including bed bugs.</p>
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Bed Bugs Disclosure
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While South Dakota law does not explicitly require landlords to disclose bed bug infestations, they are obligated to maintain rental properties free from pests, including bed bugs. |
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Addenda |
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Pet Agreement
<p>Outline rules regarding pet types, sizes, behavior, and any associated fees or deposits.</p>
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Pet Agreement
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Outline rules regarding pet types, sizes, behavior, and any associated fees or deposits. |
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Medical Marijuana
<p>South Dakota permits the use of medical marijuana. Landlords should clearly state their policies regarding its use and possession on the premises within the lease agreement, ensuring compliance with state laws while addressing property rules.</p>
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Medical Marijuana
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South Dakota permits the use of medical marijuana. Landlords should clearly state their policies regarding its use and possession on the premises within the lease agreement, ensuring compliance with state laws while addressing property rules. |
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Shared Utilities
<p>Describe how utility charges are divided among tenants to ensure clarity on financial responsibilities.</p>
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Shared Utilities
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Describe how utility charges are divided among tenants to ensure clarity on financial responsibilities. |
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Carbon Monoxide Alarm
<p>South Dakota law does not require the installation of carbon monoxide detectors in rental properties.</p>
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Carbon Monoxide Alarm
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South Dakota law does not require the installation of carbon monoxide detectors in rental properties. |
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South Dakota landlords are required to disclose their full name and address in lease agreements. Under South Dakota Codified Laws, Title 43, Chapter 32 (Landlord and Tenant Act),** this ensures tenants can send legal notices to the correct party.
Landlord Requirements:
Federal law requires landlords of properties built before 1978 to disclose the presence of lead-based paint or related hazards. South Dakota landlords must comply with Title X of the Residential Lead-Based Paint Hazard Reduction Act of 1992, ensuring tenants are informed of potential health risks from lead exposure.
Landlord Requirements:
The lease must document the property’s condition to protect both parties, under South Dakota Codified Laws § 43-32-8. This ensures clarity on pre-existing issues and responsibilities during and after the lease.
Landlord Requirements:
Explore lease agreement forms from other states to ensure compliance and simplify rentals.