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South Dakota

A South Dakota lease agreement is a legal document that allows a landlord to rent their property to a tenant while establishing the terms of the rental arrangement. This document typically includes the landlord’s personal details, the tenant’s identifying information, the address of the rented premises, pet policies, rent payment details, and any health hazard disclosures.

SimpleBasicLease_South-Dakota

SimpleBasicLease_South-Dakota

Rental Lease Laws Overview

In South Dakota, there are specific rental lease laws that landlords and tenants must adhere to:

  • Rent Control: There is no rent control in South Dakota.
  • Limit on Late Fees: There is no limit on the amount a landlord can charge for late fees.
  • Late Fees in Rental Agreement: Landlords may include late fees in the rental agreement.
  • Grace Period: No grace period is provided for late rent payments.
  • License Required for Landlord: No license is required for landlords.

Required Lease Disclosures

Landlords in South Dakota are obligated to make certain disclosures to tenants:

  • Lead-Based Paint Disclosure: If the property was built before 1978, landlords must inform tenants that it may contain lead-based paint.
  • Methamphetamine Production Disclosure: Landlords must disclose if the property was previously used for methamphetamine production.

Security Deposit

When it comes to security deposits, South Dakota law stipulates the following:

  • Maximum Amount: Landlords may collect a security deposit of up to one month’s rent.
  • Exception: A larger security deposit may be requested if both parties agree and special conditions exist.
  • Receipts: There are no specific requirements for providing receipts for the security deposit.
  • Interest Payments: Landlords are not required to pay interest on the security deposit.
  • Bank Account: There is no requirement for landlords to hold the deposit in a specific bank account.
  • Returning Requirements: Landlords must return the security deposit within two weeks after the tenant vacates the property.
  • Withholding Rules: If deductions are made for damages or unpaid rent, landlords must provide an itemized list within 45 days upon tenant request.

Rent Payments

The rules regarding rent payments in South Dakota are as follows:

  • Due Date: Rent is due at the end of each month unless otherwise specified in the lease agreement.
  • Rent Control: There are no statewide rent limits, and local governments cannot impose caps on rent.
  • Rent Increases: Landlords can increase rent with a written amendment and must provide 30 days’ notice.
  • Late Fees and Grace Period: Landlords can charge any amount for late payments and there is no grace period. A 3-day notice to quit can be issued immediately after rent is late.
  • Withholding Rent: Tenants may withhold rent for necessary repairs after notifying the landlord and waiting a reasonable period. If repairs exceed one month’s rent, tenants can withhold rent and deposit it into a separate account designated for repairs.

Landlord Right of Entry

Landlords have specific rights regarding entry into rental properties:

  • Notice Requirements: Landlords must provide reasonable notice, typically presumed to be 24 hours, before entering the rental property, except in emergencies or impractical situations.
  • Keys, Locks, and Security: Tenants can change locks without landlord permission unless the lease states otherwise. Landlords cannot change locks as part of a self-help eviction.

Property Repairs

The responsibilities for property repairs are divided between landlords and tenants:

  • Landlord Responsibilities: Landlords must maintain the property and common areas in a habitable condition unless damage is caused by the tenant’s negligence.
  • Tenant Repairs: Tenants are responsible for keeping the premises in good condition and must repair any damage caused by their own actions.
  • Abandonment: South Dakota does not define a specific period for considering a property abandoned. However, landlords can issue a notice to quit for non-compliance if the tenant uses the property contrary to the lease terms or fails to make requested repairs.

Terminating a Lease

The process for terminating a lease in South Dakota varies based on the type of tenancy:

  • Month-to-Month Tenancy: A landlord can terminate a month-to-month lease by providing one month’s notice. If the tenant is in active military service, a two-month notice is required.
  • Unclaimed Property: If a tenant leaves property worth less than $500, it can be considered abandoned after ten days. Property worth more than $500 must be stored for 30 days before disposal.

Statutes

FAQs

In South Dakota, landlords must provide two key disclosures: a Lead-Based Paint Disclosure if the property was built before 1978, and a Methamphetamine Production Disclosure if the property was previously used for meth production.

A landlord in South Dakota can collect a maximum security deposit of one month’s rent. However, a larger amount may be agreed upon if special conditions exist that could place the property at greater risk.

To terminate a month-to-month lease in South Dakota, a landlord must provide a one-month notice. If the tenant is on active military service, a two-month notice is required.

In South Dakota, landlords can charge any amount for late fees as specified in the rental agreement, and there is no grace period for late payments. Rent is considered late immediately after the due date.

Landlords in South Dakota are responsible for keeping the property and common areas fit for human habitation and in safe working order, unless the tenant’s actions have caused disrepair.

If a tenant notifies the landlord of necessary repairs and the landlord fails to address the issue within a reasonable time, the tenant may repair the issue themselves and deduct the repair costs from their rent.

In South Dakota, a landlord must return the security deposit within two weeks after the tenant vacates the property. If deductions are made for damages or unpaid rent, an itemized list must be provided within 45 days if requested by the tenant.

Yes, tenants in South Dakota can change the locks on their rental unit without the landlord’s permission unless the lease states otherwise. However, landlords cannot change the locks as part of a self-help eviction.