South Dakota Lease Agreements

south dakota residential lease agreement
South Dakota Residential Lease Agreement
TurboTenant's South Dakota lease agreement, crafted by local attorneys and property owners, ensures legal compliance and full protection for landlords.

When it comes to crafting a lease agreement in South Dakota, landlords must adhere to specific state laws while also incorporating general best practices to ensure a comprehensive and enforceable lease. TurboTenant’s Lease Agreement Generator and Templates offer a customizable solution that aligns with South Dakota regulations, making the process straightforward and legally sound.

Section 1 – Custom to You

This section of the South Dakota lease agreement is designed to capture the essential details of your rental arrangement. It includes information about the parties involved, rent amount, utility responsibilities, and other pertinent details. This customization ensures that every aspect of your unique rental situation is addressed and clearly outlined in the lease agreement.

  • Additional Provisions: Landlords have the flexibility to add property-specific rules or necessary local clauses. However, it is recommended to review these with a lawyer to ensure they are legally enforceable and do not conflict with state laws or regulations.
  • Lost Key Policy: The lease agreement specifies that tenants are responsible for returning all keys upon moving out. Failure to do so will result in the tenant covering the full cost of rekeying the property.

Section 2 – Specific to South Dakota

This section is designed to comply with South Dakota-specific laws and includes clauses that should not be edited to maintain legal compliance. If any changes to this section are made using our Advanced Editor feature, it is recommended that you consult with an attorney to ensure that you remain legally compliant with state and/or local laws. These include late fees, security deposit provisions, and the landlord’s right to access the premises.

  • Late Fees – Section 2.1: In South Dakota, if rent is not received by the fifth day of each month, landlords can charge a late fee of five percent (5%) of the unpaid rent amount. This fee is considered additional rent and is collected as such until the full balance is paid.
  • Security Deposit Provisions – Section 2.4: South Dakota law restricts security deposits to not exceed one month’s rent. Landlords must return the deposit within 14 days of lease termination and provide an itemized statement of any deductions. Upon request, a detailed itemization can be provided within 45 days.
  • Entry/Access to Premises by Landlord – Section 2.8: Landlords have the right to enter the premises for inspections and showings. Except in emergencies or at the tenant’s request, a 24-hour notice is provided through various methods. Landlords may also display rental or vacancy signs on the premises.
  • Fair Housing – Section 2.10: All parties must comply with civil rights laws prohibiting housing discrimination. Landlords should be aware of any additional local ordinances beyond state and federal laws.
  • Disclosure of Prior Manufacturing of Methamphetamines – Section 2.15: Landlords must disclose any known history of methamphetamine manufacturing on the premises to tenants or prospective tenants.

Section 3 – General Clauses for Best Practices

While the clauses in this section are standard across most lease agreements, they are critical for maintaining best practices in the landlord-tenant relationship.

  • Subletting – Section 3.1: Tenants are not allowed to sublease the property without the landlord’s written permission.
  • Altering or Improving the Property – Section 3.2: Tenants must obtain written consent before making any alterations or improvements to the property.
  • Military Personnel Clause/Family Violence/Sex Offenses or Stalking – Section 3.8: This clause acknowledges the rights under the federal Servicemembers Civil Relief Act and other laws relating to family violence and stalking, allowing for lease termination under specific circumstances.
  • Choice of Law – Section 3.11: The lease agreement is governed by South Dakota laws and requires consent to use county courts where the property is located.
  • Attorney/Collection Fees – Section 3.17: Tenants agree to pay all related reasonable legal and/or collection expenses incurred by the landlord to enforce the lease conditions or recover financial losses.
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What are the regulations for late fees in South Dakota?

In South Dakota, a late fee of five percent (5%) of the unpaid rent can be charged if rent is not received by the fifth day of each month.

How much can a security deposit be in South Dakota?

The security deposit cannot exceed one month’s rent in South Dakota.

How soon must a security deposit be returned in South Dakota?

Landlords must return the security deposit within 14 days of lease termination.

Is a landlord allowed to enter the rental property?

Yes, landlords can enter the rental property for inspections and showings, with a 24-hour notice in non-emergency situations.

What disclosures are required in South Dakota lease agreements?

Landlords must disclose any known history of methamphetamine manufacturing on the premises.

What fair housing laws are applicable in South Dakota?

All parties must comply with civil rights laws that prohibit housing discrimination on several bases, and landlords should also consider local ordinances.

TurboTenant South Dakota Lease Agreements

TurboTenant simplifies the lease creation process for South Dakota landlords by providing a Lease Agreement Generator and Templates that comply with state laws and best practices. This tool ensures that all critical aspects of the rental agreement are covered, from specific state provisions to customizable sections that address the unique aspects of your rental property. For landlords in South Dakota, TurboTenant is an invaluable resource for creating legally compliant and comprehensive lease agreements.

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