Navigating South Dakota Lease Agreements

Are you renting in South Dakota? Lease agreements can be confusing, but don’t worry! This article will guide you through South Dakota lease agreements, ensuring you understand your rights and responsibilities.

From disclosure and regulations to rent and fees, security deposits, tenant screening, fair housing protections, entry, and eviction, we’ve got you covered.

Get ready to navigate South Dakota lease agreements with confidence!

Disclosures and Regulations

When signing a lease agreement in South Dakota, it’s important for you to be aware of the disclosure and regulations that landlords are required to provide.

Landlords must include information about lead-based paint hazards in your South Dakota rental agreement for most properties built before 1978. They’re also required to distribute an EPA-approved information pamphlet called Protect Your Family from Lead in Your Home.

Additionally, landlords must disclose any known lead hazards in the property and if it was previously used to manufacture methamphetamines. It’s crucial for landlords to make these disclosures to both current and prospective tenants.

Rent and Fees

To continue navigating South Dakota lease agreements, let’s delve into the subtopic of ‘Rent and Fees’ and discuss the payment terms and obligations that tenants should be aware of.

Rent is typically due at the end of each month, unless otherwise specified in the lease agreement. In South Dakota, there are no regulations on rental application fees, and rent control is banned. Late fee amounts aren’t limited by law, and there’s no mandatory grace period for paying rent.

When it comes to security deposits, the limit is generally one month’s rent, unless special conditions pose additional risks. Landlords aren’t required to pay interest on security deposits and must return them within two weeks. They’re also not obligated to keep the deposits in a separate bank account.

It’s important for tenants to understand these rent and fee guidelines to ensure a smooth rental experience.

Security Deposits

To determine the security deposit amount in your South Dakota lease agreement, landlords typically limit it to one month’s rent, unless there are special conditions that pose additional risks. This means that when you sign a lease in South Dakota, you may be required to provide a security deposit equal to one month’s rent.

However, if there are unique circumstances that could potentially cause more damage to the property, the landlord may choose to increase the security deposit amount. It’s important to carefully review your lease agreement to understand any specific conditions that may affect the security deposit requirement.

Remember that landlords aren’t required to pay interest on security deposits, and they must return the deposit within two weeks after the termination of the lease.

Tenant Screening and Fair Housing Protections

Although landlords in South Dakota must comply with federal and state fair housing laws, it’s important for you to understand your rights and protections as a tenant during the screening process.

Federal law prohibits discrimination based on race, color, religion, gender, national origin, familial status, and disability. South Dakota state law adds creed, ancestry, and pregnancy to the protected classes.

Landlords must also comply with the federal Fair Credit Reporting Act (FCRA), which means they can’t share tenant credit information without a legal reason. They must investigate disputed information and dispose of credit reports after use. If your credit score or history was the reason for denial, they must notify you.

Criminal background checks may be used, but landlords should follow HUD recommendations for fair use. Denial should only occur when there’s a demonstrated risk to safety or property.

Entry and Eviction

Landlords in South Dakota must provide tenants with 24 hours’ notice before entering the property, unless mutually agreed upon in the lease agreement. This notice should be given in writing and should specify the date and time of entry. It’s important for landlords to respect the privacy of their tenants and to only enter the property during normal business hours, unless there’s an emergency. If a tenant requests that the entry be rescheduled, the landlord should accommodate this request.

When it comes to eviction, the process can be complex and must follow legal procedures. In cases of nonpayment, holdover, or sale of property, landlords must provide a three-day notice to quit and vacate. However, for lease violations, waste, or fraudulent disability/service animal claims, immediate lease termination and eviction can occur. It’s crucial for both landlords and tenants to understand their rights and responsibilities in these situations.


In conclusion, understanding the ins and outs of South Dakota lease agreements is essential for tenants.

From disclosure requirements to rent and fees, security deposits, tenant screening, fair housing protections, entry, and eviction, this article has covered it all.

By being informed about your rights and responsibilities, you can navigate lease agreements with confidence and ensure a positive renting experience in South Dakota.