Residential Lease AgreementSouth DakotaContinue ↓

South Dakota Residential Lease Agreement (2026)

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

Updated September 2026≈ 12 minReviewed against S.D. Codified Laws § 43-32-6.1 · S.D. Codified Laws § 43-32-24 · S.D. Codified Laws § 43-32-32
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Sample first page of the Residential Lease Agreement: title block and opening sections with blanks to fillView larger
What you'll get

Sample first page of the Residential Lease Agreement. Your answers fill in the blanks; the clauses required in South Dakota are added automatically.

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Sample first page of the Residential Lease Agreement: title block and opening sections with blanks to fill

Sample first page of the Residential Lease Agreement. Your answers fill in the blanks; the clauses required in South Dakota are added automatically.

This preview updates as you type. Blank fields show as ____ .

What this document covers

  • Parties, occupants and joint liability
  • Premises, furnishings and parking
  • Fixed or month-to-month term and holdover
  • Rent, due date, payment methods and late fees
  • Security deposit cap, holding and return deadline
  • Who pays which utilities
  • Maintenance, repairs and landlord entry notice
  • Pets, smoking, subletting and renter's insurance
  • Early termination and move-out
  • State disclosures and federal lead-paint notice

South Dakota rules that this document follows

Security deposit limitone month's 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 Disclosure (pre-1978 housing); Methamphetamine Contamination DisclosureSource: South Dakota Codified Laws Chapter 43-32 (Lease of Real Property)

Rules current as of 2026-10-27. 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, checks the deposit and late fee against South Dakota's statutory caps, 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 and the number of units in the building, 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), whether the building was built before 1978 (federal lead-paint rule), and the answers to your state's disclosure questions (for example whether the property is in a FEMA flood zone — check msc.fema.gov).

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 together with every attachment listed at the end of the lease, 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). 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).

Does this lease include the disclosures South Dakota requires?

Yes. The Disclosures section asks you the yes/no questions each South Dakota statute requires (for example flood zone, sprinklers, mold or bed bugs) and prints the actual statutory statement — in bold or larger type where the law demands it — with its citation, plus the federal lead-paint notice for pre-1978 buildings. Forms that must be separate documents are listed as attachments.

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 tenant's notice period is set to South Dakota's statutory minimum, and the landlord's notice period follows S.D. Codified Laws § 43-32-13.

Other names

  • rental agreement
  • residential tenancy agreement
  • apartment lease
  • house rental contract
  • tenancy agreement
  • lease contract
  • rental contract

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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.