South Dakota Residential Sublease Agreement (2026)

Sublet your apartment or a room to a subtenant: master-lease incorporation, landlord consent with your state's rule, rent, deposit and disclosures that follow state law, plus a one-page consent form for the landlord.

Updated September 2026≈ 9 minReviewed against S.D. Codified Laws § 43-32-6.1 · S.D. Codified Laws § 43-32-24 · S.D. Codified Laws § 43-32-13

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What you'll get

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

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What this document covers

Sublandlord, subtenant, landlord and the master lease
Whole unit or a room, with shared areas
Term that ends before the master lease
Rent, due day and late fee within the state cap
Security deposit cap and return deadline
Utilities included, split, fixed or direct
Landlord consent and the state consent rule
Master-lease incorporation and subtenant duties
Federal lead-paint and state disclosures
Default, termination and no further subletting
One-page Landlord Consent to Sublease form

South Dakota rules that this document follows

Consent to sublet	Varies — No statute — the lease controlsSource: No statute; S.D. Codified Laws ch. 43-32 is silent on subletting — the master lease controls; at common law a tenant may sublet unless the lease restricts it
Security deposit limit	one month's rentSource: S.D. Codified Laws § 43-32-6.1 (more allowed by agreement for special conditions)
Deposit return deadline	14 days after move-outSource: S.D. Codified Laws § 43-32-24 (14 days; itemized accounting within 45 days on request)
Interest on deposit	Not requiredSource: S.D. Codified Laws § 43-32-24 (no interest requirement)
Late fees	No statutory cap; must be reasonable and stated in the leaseSource: No statutory limit; fee must be stated in lease
Notice to end month-to-month	Landlord 30 days / Tenant 15 daysSource: S.D. Codified Laws § 43-32-13
Required disclosures	Lead-Based Paint Disclosure (pre-1978 housing); Methamphetamine Contamination DisclosureSource: South Dakota Codified Laws Chapter 43-32 (Lease of Real Property)

Rules current as of 2026-09-14. Statutes change; verify before relying on them.

How to use this Residential Sublease Agreement in South Dakota

Start with your own lease: find the subletting clause and get the landlord's written consent on the attached form before anyone moves in. Name the master lease and its end date so the sublease can never outlast it, describe exactly what is sublet (whole unit or a room plus shared areas), and set rent and deposit within South Dakota's caps — the deposit rules bind you as the subtenant's landlord.

Answer the disclosure questions from your own lease packet (lead paint, flood, bed bugs and the like) and give the subtenant a copy of the master lease, every attachment and a deposit receipt. Remember that you stay liable to the landlord for everything the subtenant does.

Frequently asked questions

Can I sublet my apartment in South Dakota without my landlord's permission?

No statute — the lease controls (S.D. Codified Laws ch. 43-32). Whatever the statute says, read your lease first: almost every residential lease requires the landlord's written consent, and subletting in breach of the lease is grounds for eviction of both you and the subtenant. This agreement records the consent and attaches a one-page form for the landlord to sign.

Who holds the subtenant's security deposit and when must it be returned in South Dakota?

You do, as the subtenant's landlord. South Dakota's deposit cap and return deadline apply to you — return it with an itemized statement within 14 days after the subtenant moves out, regardless of whether your own landlord has returned your deposit.

How do I end a month-to-month sublease in South Dakota?

The subtenant gives you at least 15 days' written notice; you give the subtenant the notice South Dakota law requires of a landlord (30 days). The sublease also ends automatically when your master lease ends.

Other names

sublet agreement
sublet contract
sublease contract
apartment sublease
room sublease
sublet lease
sublessor sublessee agreement
tenant to tenant lease

Other states

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.