Free South Dakota Rental Application Form

Using aSouth Dakota rental application allows you to screen a tenant before formally signing a lease agreement with them. 

The document is also known as a “tenant application,” “rental lease application,” “lease application,” or an “application for rental property”. Furthermore, each renter over 18 that will occupy the residence must complete their own individual tenant form.

Having a prospective tenant completeanSD rental application is an important step for real estate owners when making a final decision on whom to rent a property to. 

This legal document allows you to assess the income, background, and rental history of the applicant before entering a binding contract to ensure no issues arise once the tenancy begins.

You will need to choose the correct type of rental application template depending on the people you are renting to and your property’s designation. There are two options to choose from in South Dakota, which can be seen below.

Both landlords and tenants need to provide specific information on an SD rental application. This is so it complies with state laws and allows an informed decision to be made. The details each party should provide can be seen below.

The information offered by either the landlord or tenant will vary from application to application. However, it is vitally important that both sides get the clearest picture possible about the nature of the lease before signing an agreement.

South Dakota has many rules and statutes regulating its housing market. These must be fully considered when preparing an application for rental properties in the state.  

Application Fee

There is no limit in terms of what application fee can be charged by South Dakota landlords. Furthermore, the application fee is non-refundable regardless of its amount.

Security Deposit

Landlords cannot charge more than 1 months’ rent if they are leasing an apartment under South Dakota law (§ 43-32-6.1). However, landlords that can prove the tenant may pose a danger to the premises can charge a higher amount.

Housing Discrimination Law

SD has no specific statutes policing housing discrimination. Nevertheless, the Fair Housing Act (FHA), is enshrined in federal law meaning that landlords may not refuse a tenant for discriminatory reasons.

Under the FHA you may not reject a tenant application for reasons such as their race, religion, sex, family status, or because they have any disabilities. You may also not discriminate against their criminal history (whether or not a background check is carried out) or nationality.

• Housing for older persons: it is allowed to ask for an applicant’s age for age-restricted communities (such as senior housing).

• Familial status: landlords may ask whether children will occupy the premises for two-family owner-occupied buildings.

• Private clubs: clubs that do not operate publicly and do not rent for commercial purposes can give preference to certain applicants. 

• Religious organizations: religion can be used as a basis for giving priority to certain applicants for properties that are owned or managed by a religious organization that does not rent with commercial intent.

• Mrs. Murphy exemption: dwellings with four units or fewer, in which one unit is occupied by the owner, and where the landlord is not represented by a real estate agent, are exempt from fair housing requirements.

Notice of Eligibility

You must disclose the screening criteria used during the application process, as well as anything that could lead to a refusal. To make sure individuals understand this in advance of the application, they must provide a signature of acknowledgment on the application. 

Consent Credit Check

The Federal Credit Reporting Act (FCRA) stipulates that potential tenants must agree to any credit checks you require. To show they consent, they must provide written acknowledgment on the application form.

Looking over a readily prepared template of a rental application can make it much easier to create your own. Review our document sample below to get more familiar with what your application form will look like when it’s completed.

It is important to stay on top of your rented real estate. By using the right legal forms, this is a much easier task so that you can remain legally compliant with the rules in SD.

Use one of our real estate legal forms below to make sure everything runs smoothly:

• South Dakota Residential Lease Agreement

• South Dakota Eviction Notice