Free South Dakota Residential Lease Agreement

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Table of Contents:

What Is a Lease Agreement in South Dakota
Types of South Dakota Lease Agreements
South Dakota Lease Addendums and Disclosures
South Dakota Residential Lease Agreement Sample
Other Real Estate Documents
FAQs About South Dakota Lease Agreement

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.

Rental contracts and lease agreements have a lot of similarities as they both set out payment plans and the terms of use for a house or apartment.

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:

Law	Specifics
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.

South Dakota Residential Lease Agreement

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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!

Download our professional examples

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Preview of your South Dakota Residential Lease Agreement

RESIDENTIAL LEASE AGREEMENT

THIS LEASE AGREEMENT (hereinafter, the "Lease Agreement") is dated as of ________ day of ________________, ________ (hereinafter, the "Effective Date") and is entered into by and between the following parties:

_________

(hereinafter the "Landlord")

- AND _________

(hereinafter the "Tenant(s)")

The Landlord and the Tenant(s) agree as follows:

1. The Landlord rents to the Tenant(s) and the Tenant(s) rents to the Landlord a house, located at _________ (hereinafter the "Property"), for the sole use as a personal residence.

2. Subject to the provisions of this Agreement, only the Tenant(s) mentioned in this Lease Agreement will be permitted to live on the Property. No other person will be allowed to live on the Property without the prior written consent of the Landlord.

PETS

3. No animal or pet shall be kept, permanently or temporarily, on or about the Property, even temporarily or with a visiting guest. As provided by law, a Service Animal(s) is not considered a pet, and every individual with a disability shall have a right to have a Service Animal(s) on the Property.

PARKING

4. Parking spaces for motor vehicles or motorcycles are not provided nor permitted on the Property under this Lease Agreement.

SMOKING

5. Smoking is not allowed in or on any area of the Property, including individual units and common areas, both indoors and outdoors. This policy applies to all owners, tenants, or guests.

If the Tenant(s) contravenes this provision by smoking or allowing guests to smoke in any place on the property, then such Tenant(s) shall be held liable for any damages caused to the Property. The violation of this provision shall be considered a just cause for the eviction of the Tenant(s) by the Landlord.

VAPING

6. Vaping is not allowed in or on any area of the Property, including individual units and common areas, both indoors and outdoors.

TERM

7. The term of the Lease Agreement begins on _________ (hereinafter, the "Commencement Date") and shall terminate on _________ (hereinafter, the "Termination Date").

8. The Parties must comply with the law of the State of South Dakota in any notification to end this tenancy.

RENT

9. The Tenant(s) shall pay the Landlord Rent in the amount of $_________ per week (hereinafter, the "Rent").

10. The Tenant(s) shall pay the Landlord Rent weekly prior to or on _________ day of every week during the term of this Lease Agreement at _________ or at such other place as the Landlord may designate later by:

11. The Landlord may increase the Rent that will be paid for the Property by providing a reasonable notice to the Tenant(s) that the Rent will increase.

Under the law of the State of South Dakota, the Landlord shall give the Tenant(s) a 30 days' notice of the Rent increase.

INSPECTIONS

12. The Parties will inspect the property to evaluate its condition at the beginning and the end of the lease term.

13. The Landlord and its agents shall have the right to enter the Property at all reasonable times to inspect, repair, or show it to Prospective buyers or tenants in compliance with the law of the State of South Dakota.

Under the law of the state of South Dakota, the Landlord must provide the Tenant(s) with a 24-hour notice of the impending non-emergency inspection or visit before the scheduled entry to the Property.

TENANT IMPROVEMENTS

14. The Tenant(s) shall not make any sort of improvements on the leased Property without the Landlord's prior written consent. All improvements made by the Tenant(s) shall become the Landlord's property and shall be surrendered with the leased premises at the termination of this Lease Agreement unless the Tenant(s) obtain written consent from the Landlord before doing any of the following:

(a) Additions
(b) Alterations
(c) Fixtures
(d) Redecorations
(e) Installing a waterbed(s).

UTILITIES

15. The Tenant(s) shall be responsible for and shall pay for all utilities and services used or consumed at the Property.

INSURANCE

16. The Tenant(s) shall not pay for any insurance to protect property belonging to such Tenant(s). However, if the property belonging to the Tenant(s) suffers any damage or loss, the Landlord will not be liable for any property that suffers any damage or loss.

17. The Tenant(s) will not be held responsible for insuring the Landlord's property in or about the premises. Further, the Tenant(s) will not be liable for either damage or loss of such property.

ATTORNEY FEES

18. In any lawsuit brought to enforce the Lease or under applicable law, the party in whose favor a judgment or decree has been rendered may recover reasonable court costs, including attorneys' fees, from the non-prevailing party.

GOVERNING LAW

19. This Lease Agreement shall be governed, construed, and interpreted by the State of South Dakota.

SEVERABILITY

20. If any term or provision of this Lease Agreement is held invalid or unenforceable for any reason, the remaining provisions shall not be affected by such provision and will continue to be valid and enforceable.

21. If a court holds that any provision of this Lease Agreement is invalid or unenforceable and such provision is eliminated, the remaining provisions shall continue to have full effect.

ENTIRE AGREEMENT AND AMENDMENT OF THE LEASE

22. This Lease Agreement contains the entire agreement of the parties and there are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease Agreement may be modified or amended in writing if it is signed by both parties.

ASSIGNMENT AND SUBLETTING

23. The Tenant(s) shall not, without the prior written consent of the Landlord, assign this Lease Agreement or any interest herein or sublet the Property or any part thereof.

DAMAGES

24. All damages done to the property shall be charged to the Tenant(s) and may be considered cause for the termination of this lease agreement.

CARE AND USE OF PROPERTY

25. The Tenant(s) shall occupy and use the Property exclusively as a residential dwelling unit. No other uses shall be allowed to the Tenant(s) other than for residential dwelling purposes, except as may be allowed by the written consent of the Landlord and if and only if the alternative use is allowed under all applicable zoning laws. In such case, the Tenant(s) shall obtain liability insurance to cover any risks associated with alternate use of the property.

Further, the Parties must comply with all health, fire, and safety regulations. Any material breach of this provision by the Tenant(s) constitutes valid grounds for eviction or lease termination.

26. The Tenant(s) accepts the Property in its present condition and state of repair and shall be given possession of the Property on the day of commencement of this Lease Agreement.

At the expiration of the lease term, the Tenant(s) shall leave and surrender the Property in as good a state and condition as they were in at the commencement of the lease term, reasonable use, wear and tear, and damages by the elements excepted.

NOTICE

27. The Tenant(s) may be reached for any matter related to this tenancy at the Property or through the following phone number and email:

(a) Name: _________.
(b) Phone: _________.
(c) Email: _________.

28. The Landlord may be reached for any matter related to this tenancy at the Property or through the following phone number and email:

(a) Name: _________.
(b) Address: _________.

The contact information for the Landlord is:

(c) Phone: _________.
(d) Email address: _________.

GENERAL PROVISIONS

29. All monetary amounts stated or referred to on this Lease are based in the United States dollar.

30. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord's rights under this Lease in respect of any subsequent defaults, breaches, or non-performance and will not defeat or affect in any way the Landlord's rights in respect of any subsequent default or breach.

31. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.

32. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.

33. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other's acts, omissions, and liabilities pursuant to this Lease.

34. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.

35. The Tenant will be charged an additional amount of $_________ for each N.S.F. check or checks returned by the Tenant's financial institution.

36. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

37. Time is of the essence in this Lease.

IN WITNESS WHEREOF _________, _________ have duly affixed their signatures on this________day of ________________, ________.

________________________________
Landlord: _________

_________________________________
Tenant: _________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the________day of ________________, ________.