South Dakota Rental Application

What information should landlords collect?

Better landlording begins with an effective rental application. This simple but essential form is the first step toward filling vacancies that drain your precious time and money.

Consider using a free digital rental application template to streamline your tenant screening process. An online template can set landlords like you up for success, rather than leaving them to second-guess whether they left out an important question.

Your rental application should ask for:

• Name(s) of applicants, co-applicants, and co-signers,
• Social Security numbers,
• Phone numbers and emails,
• Dates of birth,
• Employment, income, and credit histories,
• Rental histories,
• References,
• Pets/service animals,
• Emergency contacts,
• Vehicle information, and
• Smoking statuses.

Because application forms collect sensitive information, federal and state laws heavily regulate their use. With that in mind, we’ll review all South Dakota application laws, discuss why landlords should use a pre-screener, outline how to approach pets, and cover compliant denial processes.

Pre-Screener

Are you using a pre-screener yet? Well, you should be. Pre-screeners are the go-to tool for filtering renter leads and streamlining the application review process.

With a pre-screener in place, you’ll be able to ensure that every renter who applies for the property meets your most essential baselines. You’ll get a firm grasp of who will make rent collection straightforward and stress-free, respect your property, and abide by your lease terms.

You can use a pre-screener to collect renter information, including:

• Name, email, and phone number,
• Number of occupants,
• Move-in timeline,
• Employment, income, and credit score,
• Vehicle information,
• Smoking status, and
• Pet information.

After reviewing the pre-screener, you can then choose to send your standard application form to qualified applicants. But since the information in a pre-screener is self-reported by the applicant, we strongly recommend that every potential renter still complete an official residential application form.

Federal Application Laws

Before you begin reviewing pre-screeners and sending out applications, make sure you’re aware of the following five federal application laws:

Fair Housing Act (FHA): The FHA prohibits landlords, property managers, and employees who select renters from discriminating against applicants based on:

• Race,
• Color,
• National origin,
• Religion,
• Sex,
• Familial status, or
• Disability.

Landlords can’t ask questions about these FHA-protected characteristics, engage in discriminatory advertising, or offer unequal rental terms (42 U.S.C. §§ 3601–3619).

Equal Credit Opportunity Act (ECOA): This law protects renters who have received public assistance, including those who have lived in public housing. The ECOA outlines how landlords can assess credit reports alongside reporting guidelines for applicants (15 U.S.C. §§ 1691–1691f).

Americans with Disabilities Act (ADA): Landlords can’t deny an applicant solely on the basis of a disability; they must accommodate the renter after move-in and throughout the tenancy (42 U.S.C. §§ 12101–12213).

Fair Credit Reporting Act (FCRA): The FCRA requires landlords to obtain a renter’s written consent before conducting a credit report, and inform applicants that they deny based on credit history (15 U.S.C. § 1681 et seq.).

Civil Rights Act of 1866: Landlords can’t discriminate against race and color, and must treat all applicants equally (42 U.S.C. § 1981).

South Dakota Application Laws

Don’t forget to consider South Dakota landlord-tenant laws, either. During tenant screening, every landlord must comply with the rental regulations outlined in the South Dakota Human Rights Act.

In South Dakota, landlords can legally consider the following when selecting a tenant:

• Source of income,
• Criminal history,
• Eviction history,
• Sexual orientation,
• Gender identity, and
• Age.

Creed & ancestry: As of 2026, landlords can’t discriminate against an applicant based on their creed or ancestry, which are protected characteristics under South Dakota law (S.D. Codified Laws § 20-13-20).

Portable tenant screening reports: South Dakota allows portable tenant screening reports, but there are no specific laws regulating them.

Pets, ESAs, and Service Animals

No landlord wants to find out on move-in day that the future tenant has three dogs and six cats. To avoid these scenarios, make an informed decision about who leases your property by adding a section for pets and service animals to your South Dakota rental application.

Pet information: Include questions about pets, emotional support animals (ESAs), and service animals in your application, and request information about them (e.g., number, size, breed, age, and name).

Fair Housing Act: The FHA protects renters with ESAs and service animals. Landlords can’t discriminate against renters based on animals with service status, or the animal’s weight, size, or breed. Further, landlords can’t legally charge a pet deposit, pet fee, or pet rent for ESAs/service animals.

Landlords can, however, hold a tenant responsible for property damage caused by their pet, ESA, or service animal.

Denial Process 

Landlords can’t accept every renter who applies, so how should you approach denials? The answer is simple: the way you handle one denial is the way you should handle them all.

The denial process must be legal and consistent across all applicants. In South Dakota, landlords can legally deny an applicant based on:

• Credit history,
• Rental history,
• Criminal background,
• Insufficient income, or
• Incomplete/false information.

Denial notice: South Dakota law doesn’t require landlords to notify the applicants they deny.

Credit/Background denials: If landlords base a denial on a credit or background check, the Fair Credit Reporting Act applies. In these cases, landlords must send an adverse action notice to the applicant, including the reporting agency’s name and contact details, as well as the applicant’s right to dispute errors (15 U.S.C. § 1681m).

Document storage: Landlords don’t have to store denied applications and screening reports, but they should. Holding on to these files is essential for defending against potential discrimination claims.