South Dakota Residential Lease Agreement

A complete, state-specific lease for a house, apartment or condo with every disclosure your state requires.

Free to fill & preview · $19 for the clean PDF + Word

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South Dakota rules that this document follows

Security deposit limit1 month' rentSource: S.D. Codified Laws § 43-32-6.1 (more allowed by agreement for special conditions)
Deposit return deadline14 days after move-outSource: S.D. Codified Laws § 43-32-24 (14 days; itemized accounting within 45 days on request)
Interest on depositNot requiredSource: S.D. Codified Laws § 43-32-24 (no interest requirement)
Late feesNo statutory cap; must be reasonable and stated in the leaseSource: No statutory limit; fee must be stated in lease
Landlord entry notice24 hoursSource: S.D. Codified Laws § 43-32-32
Notice to end month-to-monthLandlord 30 days / Tenant 15 daysSource: S.D. Codified Laws § 43-32-13
Rent increase rulesNo cap; 30 days' written notice for rent increaseSource: S.D. Codified Laws § 43-32-13
Required disclosuresLead-Based Paint (pre-1978); Methamphetamine ContaminationSource: South Dakota Codified Laws Chapter 43-32 (Lease of Real Property)

Rules current as of 2026-09-07. Statutes change; verify before relying on them.

How to use this Residential Lease Agreement in South Dakota

A residential lease in South Dakota should identify every adult tenant, describe the premises, state the term, the rent and how it is paid, the security deposit and how it will be returned, who pays which utilities, the rules on pets, smoking and subletting, and the disclosures South Dakota law requires. This generator walks you through each of those items in order and drafts the clauses for you.

Before you start, gather: the legal names and mailing addresses of the landlord and all tenants, the property address, the move-in date, the rent amount and due day, the deposit amount and the bank where it will be held (some states require this), and whether the building was built before 1978 (federal lead-paint rule).

After you preview the document, download the PDF, have every adult tenant and the landlord sign (electronic signatures are valid), give each party a copy, and complete a move-in inspection checklist with photos. Keep the signed lease for at least four years after the tenancy ends.

Frequently asked questions

How much security deposit can a landlord charge in South Dakota?

South Dakota caps the security deposit at 1 month' rent (S.D. Codified Laws § 43-32-6.1 (more allowed by agreement for special conditions)). The generator warns you if you enter more.

When must the deposit be returned in South Dakota?

Within 14 days after the tenant moves out, with an itemized statement of deductions (S.D. Codified Laws § 43-32-24 (14 days; itemized accounting within 45 days on request)).

Does this lease include the disclosures South Dakota requires?

Yes. Section 14 inserts every statutory disclosure for South Dakota (2 items, including the federal lead-paint notice for pre-1978 buildings) with its citation.

Is this lease legally binding once signed?

A written lease signed by landlord and all adult tenants is an enforceable contract in South Dakota. Electronic signatures are valid under the federal ESIGN Act and the state UETA. No notarization is required for a residential lease.

Can I use this for a month-to-month rental?

Yes — choose 'Month-to-month' in the Term step. The notice period is set to South Dakota's statutory minimum.

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FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.