South Dakota Residential Lease Agreement
A South Dakota residential lease agreement is a legally binding contract between a landlord and a tenant, outlining the terms and conditions under which a property is rented. This agreement typically includes details such as the duration of the lease, rent payment terms, security deposit requirements, and responsibilities of both parties.
South Dakota Residential Lease Agreement
Required Disclosures
In South Dakota, landlords must provide specific disclosures as part of the rental agreement:
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Lead-Based Paint Disclosure: This disclosure is required for properties built before 1978. Landlords must inform tenants that the property may contain lead-based paint and provide an Environmental Protection Agency (EPA) approved pamphlet about the dangers associated with lead-based paint.
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Methamphetamine Contamination Disclosure: Landlords are required to disclose any knowledge of methamphetamine contamination in the rental property. This applies to any rental unit where the landlord is aware of potential contamination.
Security Deposit Regulations
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Maximum Amount: Landlords may charge a security deposit of up to one month’s rent. An exception can be made for larger deposits if both parties agree and there are special circumstances that may pose a danger to the property.
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Returning the Deposit: Security deposits must be returned within 14 days after the tenant vacates the property. If deductions are made, landlords must provide an itemized list if requested by the tenant within 45 days.
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Interest and Separate Accounts: There are no state laws requiring landlords to collect interest on security deposits or to keep them in a separate bank account.
Rent Payment Regulations
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Grace Period: There is no grace period for late rent payments. Landlords can issue a notice to quit for non-payment as soon as rent is late.
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Late Fees: South Dakota does not regulate late fees, allowing landlords to set their own penalties for late payments. However, there is no maximum limit on late fees.
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Bad Check Fees: Landlords may charge up to $40 for bounced checks.
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Withholding Rent: Tenants may withhold rent after notifying the landlord of necessary repairs and waiting a reasonable period for the landlord to address the issues. If repairs exceed one month’s rent, tenants can withhold rent and deposit it into a separate account for repairs.
Landlord’s Right of Entry
- Notice Requirements: Landlords must provide reasonable notice, typically 24 hours, before entering the rental property. No notice is required in emergencies or situations where providing notice would be impractical.
Lease Termination
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Month-to-Month Tenancy: Either the landlord or tenant can terminate a month-to-month tenancy by providing one month’s notice. Tenants on active military duty or their immediate family are entitled to two months’ notice.
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Unclaimed Property: Landlords may dispose of unclaimed property left by tenants. Items valued at $500 or less can be disposed of after 10 days, while items over $500 must be stored for 30 days before disposal.
Additional Considerations
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Tenant Maintenance: Tenants are responsible for maintaining the premises and making necessary repairs for any damage they cause.
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Lockouts: Landlords cannot lawfully prevent tenants from accessing their rental property.
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Abandonment: South Dakota law does not specifically define tenant abandonment, but landlords can issue an immediate notice to quit for non-compliance with lease terms.
Statutes
- S.D. Codified Laws Ann. §§ 43-32-6.1 – Maximum security deposit for residential premises-Larger deposit by mutual agreement
- S.D. Codified Laws Ann. §§ 43-32-24 – Return of security deposit after termination of tenancy-Withholding-Itemized accounting-Forfeiture of withholding rights-Punitive damages
- S.D. Codified Laws Ann. §§ 43-32-12 – Time for payment of rent-Agricultural and wildland-Lodging-Termination of hiring
- S.D. Codified Laws Ann. §§ 43-32-13 – Modification of lease-Written notice by landlord, effect-Termination by tenant
- S.D. Codified Laws Ann. §§ 57A-3-421 – Collection costs and expenses-Liability of issuer of dishonored check
- S.D. Codified Laws Ann. §§ 43-32-9 – Failure of lessor to repair premises-Lessee’s remedies
- S.D. Codified Laws Ann. §§ 43-32-22(1) – Termination of lease-Agreed term-Mutual consent-Acquisition of superior title by tenant
- S.D. Codified Laws Ann. §§ 43-32-5 – Lease of real property for more than one year-Written contract necessary
- S.D. Codified Laws Ann. §§ 43-32-13 – Modification of lease-Written notice by landlord, effect-Termination by tenant
- S.D. Codified Laws Ann. §§ 43-32-15 – Renewal of hiring of real property presumed unless notice given of termination
- S.D. Codified Laws Ann. §§ 21-16-1(7) – Grounds for maintenance of action
- S.D. Codified Laws Ann. §§ 21-16-1(4) – Notice of Termination for Nonpayment
- S.D. Codified Laws Ann. §§ 43-32-18 – Termination of lease by landlord before end of agreed term-Use of premises by tenant contrary to agreement-Neglect of tenant to make repairs
- S.D. Codified Laws Ann. §§ 43-32-32 – Reasonable notice of landlord’s intent to enter-Contents
- S.D. Codified Laws Ann. §§ 43-32-8 – Residential lessor to keep premises in repair-Disrepair caused by lessee-Agreements for repairs in lieu of rent-Liability to third persons unaffected
- S.D. Codified Laws Ann. §§ 43-32-10 – Preservation of premises by lessee
- S.D. Codified Laws Ann. §§ 43-32-27 – Cause of action against lessor for retaliatory conduct
- S.D. Codified Laws Ann. §§ 43-32-28 – Retaliatory conduct-Remedies-Attorney’s fees
- S.D. Codified Laws Ann. §§ 43-32-30 – Disclosure of knowledge of existence of prior manufacturing of methamphetamines
- S.D. Codified Laws Ann. §§ 43-32-25 – Small amount of tenant’s property left on premises presumed abandoned-Disposal by lessor
- S.D. Codified Laws Ann. §§ 43-32-26 – Storage of tenant’s valuable property left on premises-Lien-Disposal as abandoned after waiting period
- S.D. Codified Laws Ann. § 16-12C-13 – Jurisdiction-Noncontested proceedings with limited damage amount
- S.D. Codified Laws Ann. § 21-16-3 – Jurisdiction of courts
- S.D. Codified Laws Ann. §§ 15-2-13(1) – Contract obligation or liability-Statutory liability-Trespass-Personal property-Injury to noncontract rights-Fraud-Setting aside corporate instrument
FAQs
In South Dakota, landlords must provide two required disclosures: the Lead-Based Paint Disclosure for properties built before 1978 and the Methamphetamine Contamination Disclosure if the property was used to manufacture methamphetamine. These disclosures inform tenants of potential health hazards associated with the property.
The maximum security deposit a landlord can charge in South Dakota is one month’s rent. However, a larger deposit may be agreed upon if there are special circumstances that could pose a danger to the property.
In South Dakota, landlords must return the security deposit within 14 days after the tenant vacates the property. If any deductions are made, the landlord must provide an itemized list if requested by the tenant within 45 days.
There is no grace period for late rent payments in South Dakota. Landlords can issue a notice to quit for non-payment as soon as the rent is late, which can be as soon as three days after the due date.
Yes, a lease agreement in South Dakota can automatically renew. Most rental agreements will renew for the same term as the original lease unless otherwise specified in the lease terms.
Landlords in South Dakota must provide reasonable notice, typically 24 hours, before entering a rental property. No notice is required in emergencies or situations where providing notice would be impractical.
If a tenant leaves property worth less than $500, the landlord can dispose of it after 10 days. For property valued over $500, the landlord must store it for 30 days before disposing of it.
South Dakota does not regulate late fees for rent payments, allowing landlords to charge any amount they choose. However, there is a cap of $60 for fees related to bounced checks.