South Dakota Residential Rental Agreement Form – PDF Template

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The South Dakota residential rental agreement is a twelve (12) month term that can be filled in with the landlord, tenant, and property information along with the terms of the agreement between the parties. The most commonly negotiated parts of the transaction are the monthly payment amount, length of the contract, fees (parking or pet related), utilities (electricity, water, cable, internet, etc.), and security deposits.

After the above items are agreed upon, the landlord should verify the rental application to make sure the tenant can afford the monthly amount. A fee may be charged for this service and, once approved, a lease should be created and signed. Once all deposits and first month’s rent has been collected, the tenant shall be given access to the property.

Security Deposit Laws

Maximum Amount ($) – One month’s rent. A higher amount may be charged by the landlord if they discover a condition posing a threat to the dwelling (§ 43-32-6.1).

Returning – Fourteen (14) days. If the landlord withholds any amount of the deposit, the tenant may request a list itemizing the deductions within forty-five (45) days of the lease termination (§ 43-32-24).

Required Disclosures

Lead-Based Paint Disclosure – If a residential unit was built before 1978, the landlord will need to issue the lead-paint disclosure form to the tenant. Once signed, it must be attached to the agreement.

Methamphetamine Disclosure – Any landlord who knows that a rental unit was previously used to manufacture methamphetamines must inform new tenants of this information (§ 43-32-30).

Rent Grace Period

South Dakota has no laws that regulate when rent must be paid. Therefore, rent should be paid on the date specified in the rental agreement.

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