Free South Dakota Residential Lease Agreement
Create a residential lease agreement that meets all the requirements necessary in South Dakota State. Start today with the help of step-by-step instructions and our contract generator.
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What Is a Lease Agreement in South Dakota
A South Dakota lease agreement is a legally binding contract between a landlord and a tenant. This is written to conform to state laws where the property is located. In South Dakota, these allow both parties to comply with a series of set terms for a specified number of months or years.
However, the big difference is the duration that they cover. Rental agreements usually only cover short-term tenancies of a few months at a time or month-to-month contracts. Leases, on the other hand, cover a set number of months or years.
A lease agreement should contain the following details:
How long the tenant may legally reside in the property
How much rent should be paid
Information about the security deposits necessary
When rental installments are due
Any additional costs that must be serviced by the tenant
The rules regarding the proper use of the property
Situations that constitute lease violation eviction procedures
Types of South Dakota Lease Agreements
There’s more than one type of lease agreement in South Dakota and selecting the correct one can be crucial. Each kind refers to a different type of property and/or rental situation. Therefore, you must create the right class of document, in order for your lease agreement to cover all the necessary terms.
The most common types of lease agreements in South Dakota include:
|Type of Lease Agreement||Description|
|Standard||Fixed set of terms that both the landlord and tenant commit to for a series of months or years.|
|Rent-to-own||Rent-to-own options allow the possibility for tenants to purchase the property they are renting.|
|Month-to-month||Similar basic terms to standard lease agreements, but they can be renewed or ended each month.|
|Commercial||Utilized by tenants that intend to use a piece of real estate to run a business.|
|Room rental||For rental properties that are located within shared living areas.|
|Sublease||Permits tenants to assign or “sublease” the property to another person.|
South Dakota Lease Addendums and Disclosures
South Dakota lease agreements must contain a few disclosures and addendums when they are completed and signed. This is to properly inform the tenant of any health risks or potential issues with the property, or details about how the property is managed that they must be aware of.
These essential addendums include the following:
Lead paint disclosure: If the rental unit is in a building constructed before 1978, the landlord or their agent must disclose whether lead paint can be found on the property and must provide safety information for any located on the premises.
Methamphetamine contamination disclosure: Landlords must inform their tenant(s) if they know that the production of methamphetamine has taken place on the property (§ 43-32-30).
South Dakota Lease Agreement Laws
For aSouth Dakota lease agreement to be legally binding and valid, it must be written according to the laws of SD state. If this is not done properly, the contract will be legally contestable and could be declared invalid when put under scrutiny in court. These rules will also determine what kind of procedures and terms you may ask the tenant to abide by.
The overview below includes the most important laws to consider when renting a property in South Dakota:
|Maximum security deposit||The maximum security deposit that can be charged in South Dakota, is 1 month’s rent (§ 43-32-6.1). An exception can only be made if the landlord can demonstrably prove the tenant will pose an extra danger whilst living in the property.|
|Returning the security deposit||This security deposit must be given back to the tenant within 14 days of when they vacate the property and return the keys (§ 43-32-24). If any deductions are taken from the security deposit, the tenant can request an itemized bill within 45 days.|
|Landlord’s right to enter||24 hours’ advance notice must be given by landlords before entering the rental property for non-emergencies (§ 43-32-32).|
South Dakota Residential Lease Agreement Sample
Creating and putting a lease agreement into action in South Dakota is a major commitment. It can help to explore an example template first to get a clear idea of what information should be found in your completed document.
Our sample South Dakota lease agreement below can help you understand the details included in this legal arrangement a little better.
Other Real Estate Documents
Besides lease agreements, there are various other legal documents that are commonly used by landlords. If you are the owner of a rental property, one of the following forms may be helpful for you:
FAQs About South Dakota Lease Agreement
It is important to carefully prepare a South Dakota lease agreement to suit the needs of the landlord and tenant exactly. To help demystify the process a little, simply review our FAQs below to learn more about the specificities of rental contracts in South Dakota.
Can I Write My Own SD Lease Agreement?
It is possible to create a South Dakota lease agreement completely online. Using our residential lease agreement maker you can tailor your document for your specific needs and take advantage of professional templates and expert tips.
How to Break a Lease in South Dakota?
If either the landlord or tenant needs to terminate a South Dakota lease agreement early for any reason, they must provide the correct amount of notice in a written SD lease termination letter.
This letter needs to contain the following information:The name of the landlord and the tenant
The date the letter has been written and signed
The name and address of the property in question
Information explaining why the tenancy needs to be terminated early
The reason the lease is being broken
The date that the resident will vacate the property
Acknowledgment of any penalties that will be incurred
Signature of the signing party
What Are the Advantages of a Written Lease in South Dakota?
It’s important to have a written South Dakota lease agreement in operation whether you are a landlord or a tenant. There are many advantages to having a formal contract for a rental property such as the right to recourse if the terms are violated and the protection of important legal rights for rental property owners and residents.
You are only a few steps away from your own South Dakota Residential Lease Agreement!