South Dakota Lease Agreement with ezSign

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Now with ezSign. South Dakota has unique landlord-tenant regulations that leases must follow. Use our SD law tips as you create a South Dakota lease agreement.

Document Last Modified: 6/30/2022

Document Features

Uses Lease Builder



South Dakota Lease Agreement Guarantee Seal

This legal, rental document meets every guideline under South Dakota’s Landlord Tenant laws. It is easy to create this form; and it may be downloaded for a printed copy, emailed to tenants, and executed completely online using our included ezSign service. Completed leases are stored in your account.

Simply follow the seven steps in our Lease Builder Wizard. Our program saves names, addresses and dates as you enter them, and plugs them in subsequent lease sections, so that you only have to type them once.

Follow the specific instructions that are shaded in light green and titled South Dakota Assist, and appear in each lease section. These instructions are provided to ensure that you are correctly applying the applicable state law.

Many supplemental forms may be attached to this document at no extra cost. They can be added by checking optional boxes in Step 7, Additional Documents. These addenda allow the landlord or property manager to state expectations that require more explanation than a short sentence or two. One example is the Pet Addendum, which lays out pet rules in explicit terms over seven paragraphs. The Pet form and many others may be customized to fit particular circumstances at your rental.

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South Dakota State Laws

Category State Law
Ending and Renewing
South Dakota Law
If the written lease does not give a specific period for renewal or expiration of the lease, then advance notice must be given at least one full rental period before the tenancy's last day.
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.
Addenda & Disclosures
South Dakota Law
Lead Paint: If the leased premises was constructed prior to 1978, the landlord must provide all tenants with the Lead-Based Paint EPA Disclosure and the Lead-Based Paint EPA Pamphlet.

Manufacturing of Methamphetamines: Any landlord or owner who has actual knowledge of the existence of any prior manufacturing of methamphetamines on the leased premises shall disclose that information to any tenant or any person who may become a tenant. If the leased premises is located in a building which consists of two or more housing units, the disclosure requirements apply only to the unit where there is knowledge of the existence of any prior manufacturing of methamphetamine
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, registrations and have specific maintenance regulations.

South Dakota Forms & Documents

South Dakota Consumer Handbook
South Dakota Two Party Case Filing Statement
South Dakota 3 Day Notice to Quit

South Dakota Lease Features

All South Dakota-required language
Clauses that may be customized
Help provided with green South Dakota Assist boxes
Options to add your own rules and terms
ezSign, email or print lease

Create your South Dakota lease agreement for Residential, Condo, House, Home, Trailer, Apartment, Townhome, Housing, Real Estate, Duplex, Buildings, and many more!

South Dakota Lease Package Documents

Some of the many legal forms that you can add to your lease include:

Rules and Regulations

Some of the optional rules that may added by simply checking a box in the Lease Builder include:
  • Installation of a satellite system requires landlord’s written permission.
  • Late fees must be paid and will not be waived.
  • A stove, oven or range may never be used as a heating source.
  • Hazardous materials may not be stored in or around premises at any time.
  • Windows and doors must be closed during inclement weather.
  • Tenant may not sublet premises.
  • Tenant must purchase renter insurance.

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