South Dakota-Specific Lease Template

Free South Dakota Lease Template

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South Dakota Lease Requirements

Key landlord-tenant regulations every South Dakota lease must address.

Security Deposit

Limit: 1 month's rent (or 2 months if pet)

Return deadline: 14 days (or 30 days if deductions)

Late Fees

No statutory cap; must be in lease

Required Disclosures

Lead-based paint (pre-1978), mold

Notice to Enter

No statutory requirement (24 hours recommended)

Notice to Terminate

30 days (month-to-month)

Governing Statutes

South Dakota Landlord-Tenant Act (SDCL § 43-32)

What to Include in a South Dakota Lease

A legally binding South Dakota lease agreement should include these essential clauses:

Parties: Full names of landlord and all adult tenants
Property address: Complete rental unit address
Term: Fixed-term (start and end dates) or month-to-month
Rent amount: Monthly rent, due date, and payment method
Security deposit: Amount collected (within South Dakota limits) and return conditions
Late fees: Fee structure as permitted by South Dakota law
Utilities: Which utilities landlord vs. tenant pays
Maintenance responsibilities: Who handles repairs and upkeep
Entry rules: Landlord notice requirements (No statutory requirement (24 hours recommended))
Pet policy: Whether pets are allowed, deposits, and restrictions
Required disclosures: Lead-based paint (pre-1978), mold
Termination: Notice requirements (30 days (month-to-month))
Subletting: Whether subletting is allowed and conditions
Lead-based paint disclosure: Required for properties built before 1978

South Dakota-Specific Lease Laws

South Dakota landlord-tenant law is governed by the South Dakota Landlord-Tenant Act (SDCL § 43-32). Here are key provisions landlords should know:

Security deposits are capped at 1 month's rent (or 2 months if pet) and must be returned within 14 days (or 30 days if deductions) after the tenant vacates
Late fees: No statutory cap; must be in lease
Entry notice: Landlords must give No statutory requirement (24 hours recommended) before entering the rental unit
Termination notice: 30 days (month-to-month) to end a month-to-month tenancy
Required disclosures: Lead-based paint (pre-1978), mold

This information is provided for educational purposes and does not constitute legal advice. Laws may change — consult a licensed South Dakota attorney for specific guidance.

Frequently Asked Questions

What is the security deposit limit in South Dakota?

South Dakota landlords may charge up to 1 month's rent as a security deposit, or 2 months if the tenant has a pet.

How long does a landlord have to return a security deposit in South Dakota?

South Dakota landlords must return deposits within 14 days if no deductions, or 30 days with an itemized list.

How much notice to terminate a month-to-month lease in South Dakota?

In South Dakota, either party must give at least 30 days' notice to terminate a month-to-month tenancy.

What disclosures are required in a South Dakota lease?

South Dakota requires lead-based paint disclosures for properties built before 1978. Landlords should also disclose any known mold issues.

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