A South Dakota lease agreement is a document used by landlords to define the rental terms for a residential or commercial property. While the conditions will differ between the types of contracts, each agreement will state the monthly rental amount and the expiration date of the tenancy (with the exception of a month-to-month lease). Landlords are advised to conduct a background check on lease applicants regardless of the type of tenancy.
Rental Application – Used to collect and organize a lease applicant’s information as well as grant the landlord permission to run a background check.
Commercial Lease Agreement – A rental contract for a property used for commercial activity only. Unlike residential leases, commercial agreements often last between three (3) and five (5) years.
Rent-to-Own Agreement (Lease Option) – This lease contains conditions that allow the tenant to purchase the property at the end of the tenancy.
Month-to-Month Lease Agreement – A rental contract with no predetermined end date. The tenancy will renew on a monthly basis unless terminated by either the landlord or tenant by providing the other with thirty (30) days’ notice.
Roommate Agreement – A rental arrangement that allows multiple tenants to share the same dwelling as roommates.
Standard (1-year) Lease Agreement – The most commonly used lease; allows a tenant to occupy a residential space for a fixed term, in exchange for rent.
Sublease Agreement – Used by a tenant to rent their current dwelling to another person. In most cases, the primary tenant must receive permission from the landlord before attempting to sublet.
1) Lead-Based Paint Disclosure – If a dwelling was constructed before 1978, this disclosure must be completed by the landlord and provided to the tenant.
2) Methamphetamine Disclosure (§ 43-32-30) – If a landlord is aware that a dwelling was once used to manufacture methamphetamine, this information must be disclosed to all existing and future tenants.
General Access (§ 43-32-32) – Landlords may access the premises by giving the tenant reasonable notice of their intent to enter. Reasonable notice is presumed to be a written notice delivered within at least twenty-four (24) hours that states the date, time, and reason for entry.
Emergency Access (§ 43-32-32) – No notice is required in an emergency or other situations when providing notice is impractical.
Grace Period – No statute.
Maximum Fees ($) – No statute.
Rent Increase Notice (§ 43-32-13) – An increase in rent may be instituted by providing the tenant with thirty (30) days’ written notice (month-to-month tenancies only).
Maximum Amount ($) (§ 43-32-6.1) – A maximum of one (1) month’s rent may be charged unless the landlord can show that a larger amount is needed due to special circumstances which pose a danger to the premises.
Returning to Tenant (§ 43-32-24 & § 43-32-24.1) – Security deposits must be returned within two (2) weeks (residential property) or sixty (60) days (commercial property) after the tenant vacates. If the landlord deducts any portion of the deposit to cover the costs of unpaid rent or property damage, the tenant may request an itemized account of the deductions within forty-five (45) days (residential property) or ninety (90) days (commercial property) after the tenancy has been terminated.
Interest Required? – No statute.
Separate Bank Account? – No statute.