Prepare a printable, free South Dakota rental application form to verify potential tenants. Tailor your application to South Dakota’s statutes now, with all the critical details required by law.
Last Update January 20th, 2023
- What Is a South Dakota Residential Rental Application
- South Dakota Rental Applications by Type
- What to Include in a South Dakota Rental Application Form
- South Dakota Rental Application Laws
- South Dakota Rental Application Sample
- Other Real Estate Documents
- FAQs About South Dakota Rental Application Form
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What Is a South Dakota Residential Rental Application
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.
South Dakota Rental Applications by Type
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.
|Standard/General Rental Application||Department of Housing and Urban Development (HUD) Rental Application|
|Which landlords can use it?||Private landlords||Landlords with Section 8 housing|
|What kind of tenants is it designed for?||Any||Tenants eligible for subsidized housing|
What to Include in a South Dakota Rental Application Form
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.
|Data the Tenant Can Be Asked for||Essential Disclosures from the Landlord|
|Personal data||The property’s condition|
|Rental history||Potential hazards to the tenant|
|Employment details||Shared utility arrangements|
|Income information||Rent control rules|
|Credit history||Smoking policy|
|Personal references||The security deposit|
|Permission for background checks||Associated fees|
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 Rental Application Laws
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.
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.
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.
South Dakota Rental Application Sample
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.
Other Real Estate Documents
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:
FAQs About South Dakota Rental Application Form
Having a good idea of what you can and cannot useaSouth Dakota rental application for is important. In our FAQs below, we explain what is and isn’t allowed when you create your own form.
How to Fill Out a South Dakota Rental Application
Creating an SD rental application can be easily done with the help of our contract maker and template tools. When you fill out a rental application form, you will usually request information from the tenant, this usually includes their personal data, rental history, employment details, income information, credit history, personal references, and permission for background checks.
You must also include important legal disclosures on the property and the lease agreement being proposed. This will outline details on the condition of the property, any hazards, and information on aspects such as security deposit and fees. Our template designer will help you add the data that must be added.
Why Do I Need a South Dakota Rental Application?
A South Dakota rental application gives you the opportunity to learn more about your tenant before committing to a legal contract with them. The application lets you collect data on your prospective rental resident, so you may carry out important checks to:
Review their rental history
Verify their employment and income
Learn of any criminal history or credit issues
What Is The Screening Process in South Dakota?
When you wish to rent out your property to a tenant, you can use an SD rental application to check the potential resident before they move in. This allows you to get important background information from the applicant.
In South Dakota you might use a rental application to find out any of the following about a prospective tenant:
Whether they can afford rent or not
If they have a positive or negative rental history
If they are employed
Their credit history
Whether they have committed any crimes or felonies