Pet Addendum in South Dakota

Adds pet terms to a lease. Assistance animals for people with disabilities are not pets: no pet fee or pet rent may be charged for them under federal fair housing rules.

What South Dakota law says

Pet deposits and fees	No pet-specific statute, but any money that secures performance of a residential lease is a security deposit 'however denominated,' and the total may not exceed one month's rent — so a refundable pet deposit counts toward the one-month cap. A larger deposit may be agreed on where special conditions pose a danger to maintenance of the premises. The chapter does not address monthly pet rent. SDCL 43-32-33 to 43-32-36 let a landlord require reliable documentation from a licensed health care provider for a service or assistance animal unless the need is readily apparent or already known; they do not address fees. Source: SDCL 43-32-6.1
Service & support animals (state law)	South Dakota's landlord-tenant statute defines 'service animal' broadly to include emotional support, therapy and assistance animals. When a tenant asserts a disability requiring such an animal as an accommodation, the landlord may require reliable supporting documentation confirming the disability and its relationship to the need, from a licensed health care provider who does not operate in South Dakota solely to certify service or assistance animals. No documentation may be required if the disability or need is readily apparent or already known. If a tenant knowingly makes a false claim or provides fraudulent documentation, the landlord may evict and collect a damage fee of up to $1,000. Enacted SL 2018, ch 259. No state statute on pet fees for assistance animals; under federal fair-housing rules, pet deposits or fees generally cannot be charged for an assistance animal. Source: SDCL 43-32-33 to 43-32-36

Pet deposits and fees

No pet-specific statute, but any money that secures performance of a residential lease is a security deposit 'however denominated,' and the total may not exceed one month's rent — so a refundable pet deposit counts toward the one-month cap. A larger deposit may be agreed on where special conditions pose a danger to maintenance of the premises. The chapter does not address monthly pet rent.

SDCL 43-32-33 to 43-32-36 let a landlord require reliable documentation from a licensed health care provider for a service or assistance animal unless the need is readily apparent or already known; they do not address fees.

Source: SDCL 43-32-6.1

Service & support animals (state law)

South Dakota's landlord-tenant statute defines 'service animal' broadly to include emotional support, therapy and assistance animals. When a tenant asserts a disability requiring such an animal as an accommodation, the landlord may require reliable supporting documentation confirming the disability and its relationship to the need, from a licensed health care provider who does not operate in South Dakota solely to certify service or assistance animals. No documentation may be required if the disability or need is readily apparent or already known. If a tenant knowingly makes a false claim or provides fraudulent documentation, the landlord may evict and collect a damage fee of up to $1,000.

Enacted SL 2018, ch 259. No state statute on pet fees for assistance animals; under federal fair-housing rules, pet deposits or fees generally cannot be charged for an assistance animal.

Source: SDCL 43-32-33 to 43-32-36

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PET ADDENDUM to the lease for [rental address] dated [lease date]

Tenant: [tenant name] Pet(s): [type, breed, name, weight]

Pet deposit: $[pet deposit] (counts toward any state deposit limit where the law says so). Monthly pet rent: $[pet rent]

The tenant keeps the pet under control, cleans up after it, and pays for damage it causes beyond normal wear and tear.

Signatures and dates: [signatures]

Pet Addendum for other states · South Dakota tenant rights

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.