1. Lead-Based Paint Disclosure (PDF) – If a dwelling was constructed before 1978, this disclosure must be completed by the landlord and presented to the tenant.^[1]
2. Methamphetamine Disclosure (PDF) – If a landlord is aware that a dwelling was once used to manufacture methamphetamine, they must disclose this to all existing and future tenants.^[2]

Maximum Amount ($) – A maximum of one month’s rent may be charged for a security deposit.^[3]

• Exception – A larger deposit can be agreed upon under special circumstances that could pose a danger to the premises.

Collecting Interest – State law does not specify how interest generated from security deposits shall be collected or distributed.

Returning to Tenant – Security deposits must be returned within 2 weeks after tenancy is terminated (60 days for commercial property).^[4]

Itemized List Required? – Yes, if the tenant requests an itemized list within 45 days after tenancy is terminated (90 days for commercial).

Separate Bank Account? – No, there is no state law that requires landlords to keep security deposits in a separate bank account.

General Access – Landlords can access the property if they give the tenant reasonable notice. 24 hours is generally considered reasonable.^[5]

Immediate Access – No notice is required in an emergency or situations where providing notice would be impractical.

Grace Period – There is no rent payment grace period in South Dakota law.

Maximum Late Fee ($) – Fees for late rent payment are not covered in state statutes.

Bad Check (NSF) Fee – Fees for bounced rent payment checks are not mentioned in state statutes.

Withholding Rent – After notifying the landlord, a tenant may withhold rent and deposit it into a separate account until the landlord repairs the issues mentioned in the written notice.^[6]

Non-Payment of Rent – If three days have passed since the rent due date, the landlord can serve a 3-day notice to quit for non-payment.^[7]

Non-Compliance – A landlord can terminate a lease using an immediate notice to quit if the tenant fails to comply with certain terms of the agreement.^[8]

Tenant Maintenance – Tenants must maintain the premises and make necessary repairs to any damage they cause.^[9]

Lockouts – Landlords are not lawfully permitted to prevent the tenant from accessing their rental property.^[10]

Leaving Before the End Date – Tenant abandonment is not mentioned in state statutes.

Month-to-Month – A landlord or tenant can terminate a month-to-month tenancy by giving the other party a 1-month notice to terminate tenancy.^[11]

• Exception – Tenants who are on active military duty or who are immediate family of active members are entitled to two months’ notice.

Unclaimed Property – A landlord can dispose of any unclaimed property equal to or less than $500 left by the tenant once 10 days have passed since they quit the property. For abandoned property over $500, the landlord can only dispose of it after 30 days.^[12]