South Dakota Lease Agreement with ezSign

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Create & download the South Dakota Residential Lease & Rental Agreement printable PDF for Landlords. This state-specific Lease is customizable & includes South Dakota law.

Document Last Modified: 11/8/2023

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South Dakota Residential Lease Agreement

South Dakota Landlords need a Lease Agreement that complies with all South Dakota Lease laws. Our SD Lease is guaranteed to comply with all state laws and EZ to create entirely online in minutes. Here’s how:

  1. Follow user-friendly prompts to customize your Lease online.
  2. As you do, you’ll get State Assist tips that point out important state laws.
  3. All state-required terms and language are automatically added to your Lease.
  4. Add additional documents, disclosures, or addendums with just the click of a button.
  5. Review and sign your Lease entirely online using our electronic signing tool, ezSign.
  6. Your executed Lease will automatically be stored securely on the cloud with our ezCloudStorage.

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Landlord Tenant Law in South Dakota

Landlord-Tenant Laws

Our SD Lease is guaranteed to comply with all SD Lease laws. Even so, we know Pro Landlords need to be familiar with Landlord-Tenant laws when managing their rental units.

Category State Law
Ending and Renewing South Dakota Law If the Lease Agreement does not give a specific period for renewal or expiration, then advance notice must be given at least one full rental period before Lease termination.

While the Landlord is allowed to raise the rent or change other conditions of the agreement upon 30 days’ notice, the Tenant may terminate the Lease on the first day of the next month by giving notice to the Landlord within 15 days of receipt of the Landlord's notice of the modification. HUD Tenant Rights
Security Deposit South Dakota Law Landlords may not require a sum in excess of 1 month's rent for a security deposit. However, a larger deposit may be agreed upon between the Landlord and the Tenant where special conditions pose a danger to maintenance of the Leased premises, such as a Lease that allows the Tenant to have a pet.
Returned Payment Fee South Dakota Law A returned or dishonored check fee may be charged. The fee may not exceed $40 and must be specified within the Lease or posted conspicuously on the leased premises or management office. S.D. Codified Laws § 57A-3-421
Late Fee South Dakota Law There is no limit placed on the amount that can be charged for a late fee, however, assessed fees should be reasonably related to the expenses the Landlord incurs as a result of a late payment and must be specified in the lease.
Insurance Requirements South Dakota Law Landlords may require Tenants to obtain rental insurance.
Notice to Enter South Dakota Law Landlords must provide at least 24 hours’ notice before entering the Leased premises.
Landlord Requirements South Dakota Law Non-Refundable Fees There are no stated regulations limiting the collection of non-refundable fees.

Contact your local housing or zoning office to be sure your rental property complies with city and county requirements for inspections, rent control, occupancy limits, property codes, and zoning. Many cities and counties require inspections and registrations and have specific maintenance regulations.

Required Disclosures

  • Lead-Based Paint Disclosure & Pamphlet: Pursuant to federal law, if a rental unit was built before 1978, the occupants must be provided with a lead-based paint disclosure and lead-based paint EPA pamphlet.
  • Methamphetamines Disclosure: If the Landlord has knowledge of the residential property being used to manufacture Methamphetamines, or being used as a “Meth-Lab,” this must be disclosed to Tenants. If the rental unit is in a building with two or more units, the disclosure requirements apply only to the unit where there is knowledge of the existence of the manufacturing of methamphetamines.

In addition to these required disclosures, you can select from over 25 additional documents to customize your Lease Package. For example, a Pet Addendum, Winter Weather Addendum, or Smoking Policy Disclosure.

Property Management in Sioux Falls South Dakota

Frequently Asked Questions (FAQs)

What is a Lease Agreement in the state of South Dakota?

A Residential Lease Agreement in South Dakota is a legal contract between a Landlord and Tenant for temporary use of residential real estate in return for the payment of rent. While a basic Lease Agreement can establish this contractual relationship, a more thorough Lease is necessary to cover all terms of the rental relationship and to avoid disputes or confusion between the Landlord, or lessor, and the Tenant, or lessee.

What are the requirements for a Lease Agreement?

A Lease Agreement must contain all key terms of a rental relationship. This includes the names of the parties, location of the property, Lease term, rent amount, security deposit information and late fee policies.

Beyond these basic terms, it’s also important for Landlords to cover all small details and rules surrounding the rental relationship. Because of this, it’s important to use a customizable Lease that can cover all unique terms of your property. Avoiding generic or blank, fillable Lease forms can help avoid disputes with Tenants and ensure that Landlords are fully protected should they ever have problems with Tenants.

Do South Dakota Landlords need a state-specific Lease Agreement?

Yes! Anyone who Leases real estate, whether it’s an apartment, single-family home, condo, or duplex, needs a Lease Agreement in place before they hand over possession of the property. The Lease Agreement must comply with the laws of the state where the property is located. This means that South Dakota Landlords need a Lease Agreement that complies with all South Dakota Lease laws.

While a basic, fillable Lease template won’t be customized to SD laws, there are some Lease forms - like the one offered by the South Dakota Association of Realtors - that comply with South Dakota laws. However, these templates cannot be customized to your property and can leave Landlords without the protection they need.

Rest EZ knowing you're protected and set up for success by using a customizable, state-specific Lease Agreement.

What is the standard Lease term in South Dakota?

The standard Lease term is one year (12 months). However, shorter and longer tenancy periods are recognized as long as they’re agreed upon by both parties in the Lease Agreement.

To meet every Landlord’s needs, we offer short-term and Month-to-Month Lease Agreements, Vacation Rental Contracts, and long-term Residential Lease Agreements.

South Dakota Rental Forms & Templates

  • South Dakota 3-Day Notice to Quit: This Notice provides Tenants with notice that they need to vacate the property due to a Lease violation. It’s a necessary step in the eviction process.
  • South Dakota Two-Party Case Filing Statement: South Dakota Landlords should use this form when filing for an eviction. It provides the court with vital information about the eviction proceedings.
  • South Dakota Consumer Handbook: The South Dakota Consumer Handbook provides Landlords with helpful information about state Landlord-Tenant laws and Landlord and Tenant rights and obligations.

Need another form? We have over 400 property management forms covering the entire Landlord lifecycle.

Other State Lease Agreements

If you Lease real estate in multiple states, you need a state-specific Lease Agreement for every rental unit.

Good news: we have state-specific Lease Agreements for all 50 states!

Need another state’s Lease Agreement? We’ve got it!

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  • Guaranteed to comply with all South Dakota Lease laws.
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  • Includes access to electronic signing and electronic storage.

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