Lease Agreement requirements in South Dakota
- Must be in writing and signed by both parties for leases longer than one year (Statute of Frauds).
- Must include tenant and landlord names, property address, rent amount, payment due date, and lease term.
- Must state the security deposit amount and the conditions for its return (SD Codified Laws § 43-32-24).
- Must disclose the name and address of the person authorized to receive legal notices (SDCL § 43-32-4).
- Should include rules on pets, subleasing, maintenance responsibilities, and late fees (if any, must be reasonable).
- Must comply with the South Dakota Residential Landlord and Tenant Act (SDCL Title 43, Chapter 32).
How to create a Lease Agreement in South Dakota
- Draft or download a lease agreement template that fits your rental situation (fixed-term or month-to-month).
- Fill in all required details: property info, rent, deposit, utilities, and any house rules.
- Review South Dakota law to ensure clauses on entry, repairs, and notices are compliant.
- Both landlord and tenant sign the agreement. While notarization is not mandatory, it can help prevent disputes.
- Provide a copy to the tenant and keep the original for your records.
- For leases over one year, have the agreement in writing and signed; consider having a witness if you want extra protection.
What a Lease Agreement typically costs
A lease agreement template typically costs $0-$50 if purchased online. If you hire a lawyer to draft a custom lease, expect to pay $200-$500 or more. Filing fees are not applicable since lease agreements are not filed with the state; they are private contracts.
Download your South Dakota lease agreement template now and ensure your rental contract is legally sound.
Create your lease agreementBefore You Begin: SD Lease Checklist
Gather key details and review South Dakota rules before drafting to ensure an enforceable residential lease.
- Confirm the legal names and contact info for all tenants and the landlord/property manager.
- Have the property address, rental term (start/end dates), and monthly rent amount ready.
- Decide on security deposit amount and know SD limits (no statutory cap, but return rules apply).
- List all included utilities, appliances, and parking/storage areas to avoid disputes.
- Check if any local ordinances (e.g., city licensing or occupancy limits) apply to your area.
- Remember: no notary is required for a standard lease, but both parties should sign and keep a copy.
Frequently asked questions
Is a notarized lease agreement required in South Dakota?
No, notarization is not required for a lease to be valid in South Dakota. However, for leases longer than one year, the Statute of Frauds requires a written agreement signed by the party to be charged. Notarization can add credibility but is not legally mandatory.
What are the rules for security deposits in South Dakota?
South Dakota does not limit the amount a landlord can charge as a security deposit. The landlord must return the deposit within 14 days after the lease ends (unless the tenant has abandoned the property, then it's 14 days). They must provide an itemized list of deductions.
Can a landlord enter the rental property without notice in South Dakota?
No. South Dakota law requires landlords to provide reasonable notice (typically 24 hours) before entering, except in emergencies or if the tenant is present and consents. The lease should outline entry rules.
What happens if a tenant breaks a lease in South Dakota?
The tenant may be responsible for rent for the remainder of the lease unless the landlord mitigates damages by re-renting. South Dakota does not have a statutory limit on early termination fees, but the lease terms and mitigation efforts apply.