South Dakota Residential Lease Agreement
A free South Dakota lease template, plus what South Dakota law requires a lease to include, attach or leave out — each with the statute. Use it as a starting point; landlords with unusual situations should have a lawyer review the final lease.
Disclosures South Dakota requires
| Prior methamphetamine manufacturing | A residential landlord with actual knowledge that methamphetamine was previously manufactured on the premises must disclose it to any current or prospective tenant. In a multi-unit property, the duty applies only to the affected unit. Applies to: Residential rentals where the landlord knows of prior meth manufacturing Source: SDCL 43-32-30 |
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Terms South Dakota law requires or controls
| Entry notice method | Before entering, the landlord must give reasonable notice (except in emergencies or where impracticable). Written notice 24 hours ahead is presumed reasonable unless the lease mutually sets other notice methods or entry times. The notice must state the entry date or dates, a time window within normal business hours, the purpose, and how the tenant can ask to reschedule. Applies to: All residential leases Source: SDCL 43-32-32 |
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| Repairs in lieu of rent | The landlord's duty to keep the premises and common areas in reasonable repair, fit for habitation, and the electrical, plumbing and heating systems in good working order cannot be waived or modified by agreement, except that the landlord may agree that the tenant will perform specified repairs in lieu of rent. Applies to: All residential leases Source: SDCL 43-32-8 |
| Leases longer than one year must be written | A lease for more than one year is invalid unless it, or a memorandum of it, is in writing and signed by the landlord or an authorized agent. Applies to: Leases over one year Source: SDCL 43-32-5 |
| Changing month-to-month terms | For a month-to-month lease, the landlord may change terms, including rent, by written notice at least 30 days before the end of the month; the tenant may instead end the lease by written notice within 15 days of receiving the change. Applies to: Month-to-month tenancies Source: SDCL 43-32-13 |
Clauses that are void in South Dakota
| Waiver of repair and habitability duties | An agreement waiving or modifying the landlord's statutory repair and habitability duties is not enforceable (other than an agreement for the tenant to do specified repairs in lieu of rent). Applies to: All residential leases Source: SDCL 43-32-8 |
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| Eviction for calling police or emergency help | A residential lease may not include any term that authorizes evicting a tenant who calls or seeks help from law enforcement or emergency responders because of alleged domestic abuse, unlawful sexual behavior or stalking. Applies to: All residential leases Source: SDCL 43-32-18.1 |
| Deposit above one month's rent | A residential security deposit may not exceed one month's rent unless the landlord and tenant agree to a larger deposit because special conditions pose a danger to maintenance of the premises. Applies to: All residential leases Source: SDCL 43-32-6.1 |
Fill in the lease
Nothing you type leaves your browser. Bracketed items are yours to complete; clauses marked as required by South Dakota law must be written to meet the rule shown above.
1. Parties. This lease is between [landlord name] ("Landlord") and [tenant name(s)] ("Tenant"). Landlord's address for notices: [landlord notice address].
2. Property. Landlord rents to Tenant the home at [rental address], including [parking, storage, appliances included].
3. Term. The lease begins on [start date] and ends on [end date]. [If month-to-month instead: the tenancy continues month to month until either side gives the written notice South Dakota law requires.]
4. Rent. Rent is $[monthly rent] per month, due on the [due day] day of each month, paid by [payment method] to [where to pay].
5. Late fee. If rent is not received by [late day], a late fee of $[late fee] is due. This fee must comply with South Dakota law (None in SDCL Chapter 43-32).
6. Security deposit. Tenant pays a security deposit of $[deposit amount], within the South Dakota limit (SDCL 43-32-6.1). Landlord will return it, minus lawful deductions with any required itemized list, within the time South Dakota law sets (SDCL 43-32-24).
7. Utilities. Tenant pays: [utilities tenant pays]. Landlord pays: [utilities landlord pays].
8. Occupants and guests. Only these people may live in the home: [names of all occupants]. Guests may stay up to [guest limit] unless Landlord agrees in writing.
9. Pets. [No pets allowed / Pets allowed: describe, plus any pet deposit or fee]. Assistance animals for people with disabilities are not pets and are handled under fair housing law.
10. Repairs and maintenance. Landlord keeps the home safe and fit to live in and makes repairs required by law. Tenant keeps the home clean, reports problems promptly in writing, and pays for damage beyond normal wear and tear.
11. Landlord entry. Landlord may enter for repairs, inspections or showings after giving the notice South Dakota law requires (SDCL 43-32-32), except in an emergency.
12. Subletting. Tenant may not sublet or assign this lease without Landlord's written consent, which [will / will not] be unreasonably withheld.
13. Ending the lease. At the end of the term, [the lease ends / the lease renews month to month] unless either side gives written notice at least [notice days] days before the end date, and never less than South Dakota law requires.
14. Entry notice method. (Write this clause to meet South Dakota law: see "Entry notice method" above (SDCL 43-32-32).)
15. Repairs in lieu of rent. (Write this clause to meet South Dakota law: see "Repairs in lieu of rent" above (SDCL 43-32-8).)
16. Leases longer than one year must be written. (Write this clause to meet South Dakota law: see "Leases longer than one year must be written" above (SDCL 43-32-5).)
17. Changing month-to-month terms. (Write this clause to meet South Dakota law: see "Changing month-to-month terms" above (SDCL 43-32-13).)
18. Disclosures attached. Landlord has given Tenant these disclosures required by South Dakota law: Prior methamphetamine manufacturing. [Attach each one.]
19. Lead paint (homes built before 1978). If the home was built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home."
20. Whole agreement. This lease and its attachments are the whole agreement. If any part is not allowed by law, the rest still applies. Changes must be in writing and signed by both sides.
Landlord: [landlord name] Signature: ____________ Date: [date signed]
Tenant: [tenant name(s)] Signature: ____________ Date: [date signed]
Lease agreement templates for other states · South Dakota landlord-tenant law · More templates
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.