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South Dakota residential lease agreement

Answer the questions, download the lease. Free, no account, and it holds your figures to what South Dakota allows.

What South Dakota law does to your lease

These are the figures the builder holds you to. Each one is the statute's, not ours, and the citation is there so you can read it yourself.

RuleSouth DakotaWhere it says so
Most a landlord may take as a deposit1 month's rentMore is allowed only where special conditions pose a danger to maintaining the premises and the landlord and tenant agree to it.SDCL 43-32-6.1
Earliest a late fee may be chargednot sourced yet-
Most a late fee may benot sourced yet-
Notice before the landlord may enter24 hoursTwenty-four hours' written notice is presumed reasonable unless the lease agrees on another method or time. The notice has to name the date or dates, a window during normal business hours, the purpose, and a way for the tenant to ask to reschedule.SDCL 43-32-32
Notice to end a month-to-month tenancy30 daysA month-to-month tenancy renews itself unless one side gives notice as long before the end as the term itself, which caps out at one month.SDCL 43-32-15

The clause most landlords get wrong

Rent stated as a base figure with mandatory fees bolted on beside it. If a fee is not optional, it is rent, and several states now say so outright: the lease has to carry one total figure that the landlord may not charge above. The builder asks for the total and then asks how much of it is fees, which is the same information in the order the law wants it.

The second is the assistance animal. A no-pets clause that does not carve one out is a fair-housing problem, not a pet problem, and no pet rent or pet deposit may be charged for one. Your lease says so whether or not you allow pets.

After it is signed

Download the PDF and it is yours, account or not. If you want the tenant to sign it without printing anything, a free Kouzr account sends it for signature, files the executed copy against the tenancy, and keeps it beside the listing, the rent record and the deposit accounting, so the paperwork for that home is in one place when the tenancy ends.

Is this South Dakota lease legally binding?

A written lease signed by the landlord and every adult tenant is a contract, and this one is built to say what South Dakota requires a residential lease to say. What it is not is legal advice, and no lawyer has reviewed it. It is a form you complete yourself, the same category as the fill-in-the-blank lease sold in an office supply shop, and it is worth having a lawyer in your state read it before you rely on it, especially on a property you will hold for years.

How much can a landlord charge as a security deposit in South Dakota?

South Dakota caps every deposit taken together at 1 month's rent (SDCL 43-32-6.1). That is the total of the security deposit, any pet deposit, and any last month's rent held as a deposit, not each of them separately. The builder holds your figure to that ceiling and tells you when it has. More is allowed only where special conditions pose a danger to maintaining the premises and the landlord and tenant agree to it.

Can a landlord charge a late fee in South Dakota?

We have not sourced a late fee rule for South Dakota. Several states set a grace period, a percentage ceiling, or both, and a fee a court finds punitive rather than compensatory is unenforceable in every state. Keep it to a reasonable estimate of what a late payment actually costs you.

How much notice does a landlord have to give before entering in South Dakota?

24 hours for anything that is not an emergency, at a reasonable hour (SDCL 43-32-32). A lease cannot shorten it, so the builder raises your figure if you enter a smaller one. Genuine emergencies need no notice anywhere. Twenty-four hours' written notice is presumed reasonable unless the lease agrees on another method or time. The notice has to name the date or dates, a window during normal business hours, the purpose, and a way for the tenant to ask to reschedule.

How much notice ends a month-to-month tenancy in South Dakota?

30 days of written notice from either side (SDCL 43-32-15). The builder writes that figure into the term clause. A lease may agree on longer notice than the statute; one that gives less is unenforceable to that extent, and the statutory period governs instead. A month-to-month tenancy renews itself unless one side gives notice as long before the end as the term itself, which caps out at one month.

Do I have to include a lead-based paint disclosure?

Only if the home was built before 1978, and then yes, everywhere in the country. Federal law requires the landlord to disclose known lead-based paint, hand over any report they have, and give the tenant the EPA pamphlet before the tenant is committed to the lease (42 U.S.C. 4852d). Enter the year built and the builder attaches it for you.

Can I have the tenant sign it online?

Yes. Download the PDF and sign it however you like, or make a free Kouzr account and send it to the tenant for signature from here: they get a link, sign on a phone, and the executed copy files itself against the tenancy alongside rent and the deposit record. The PDF is free either way and does not require an account.

Kouzr is not a law firm and this is not legal advice. The builder produces a form you complete yourself, and no lawyer has reviewed the document it assembles. Have one admitted in South Dakota read it before you rely on it.