South Dakota’s landlord tenant laws are fairly straightforward compared to some other states, but there are two required disclosures that should be in the lease agreement. One is a required disclosure by the tenant and one is a required disclosure by the landlord.
- The tenant must inform the landlord if he receives a notice of adverse proceedings. If a tenant receives a notice of any proceeding to recover the real property occupied by the tenant the tenant is obligated to immediately inform the landlord of such, and also give landlord the notice, if in writing. Ignoring such notices can have serious consequences for the landlord, and because of that the law states that the tenant is responsible to the landlord for all damages that the landlord may sustain by the tenant’s omission to inform the landlord or to deliver the notice to landlord, if the notice is in writing.
- The landlord must disclose any knowledge of prior manufacturing of methamphetamines. If a landlord has actual knowledge of the existence of any prior manufacturing of methamphetamines on the premises it must be disclosed to a tenant or prospective tenant. And if the premises consists of two or more housing units, the disclosure requirements apply only to the unit where there is knowledge of the existence of any prior manufacturing of methamphetamines.
