Landlords and property managers

South Dakota Residential Lease Agreement

A plain-language lease for a house or apartment in South Dakota. The deposit, notice, entry and disclosure clauses follow South Dakota statute, cited in the document. Download the blank PDF or e-sign it online; electronic signatures are recognized under the federal ESIGN Act and state UETA laws.

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South Dakota rules in this lease

Security deposit cap
No more than one month's rent, unless the parties agree to a larger deposit because special conditions pose a danger to the upkeep of the Premises
Deposit return
Within 21 days after the tenancy ends and the Landlord receives the Tenant's mailing address or delivery instructions, the Landlord returns the deposit or gives a written statement of the specific reason for any withholding for unpaid rent and damage beyond ordinary wear, and on the Tenant's request gives an itemized accounting within 45 days after the tenancy ends.
Ending a month-to-month tenancy
The Tenant ends a month-to-month tenancy with at least one month's written notice. The Landlord ends it with at least 15 days' written notice, or two months' notice when the Tenant or an immediate family member living in the Premises is on active military service.
Landlord entry
The Landlord gives reasonable notice before entering, and written notice 24 hours ahead stating the dates, a window during regular business hours and the reason is presumed reasonable, enters only at reasonable times, and needs no notice in an emergency or when notice is impracticable.
Disclosures
2 items, listed below with the section that requires each one
Statutes
S.D. Codified Laws 43-32-6.1, S.D. Codified Laws 43-32-24, S.D. Codified Laws 43-32-15, S.D. Codified Laws 43-8-8, S.D. Codified Laws 43-32-32. Read the South Dakota statute
Rules read on
2026-10-23

A general form, not legal advice, and not a claim that it complies with any law. Rules change and vary by city. Check the statute cited here, or ask a lawyer, before you rely on it.

What is different in South Dakota

Pick South Dakota and four parts of this lease change: the security deposit clause, the notice clause for a month-to-month tenancy, the entry clause and the disclosures checklist, each rewritten from the South Dakota statute. The rest of the document reads the same in every state.

Start with the deposit. South Dakota caps it at one month's rent, unless the parties agree to a larger deposit because special conditions pose a danger to the upkeep of the Premises. The statute does not say where the money is kept, so the lease leaves that to the landlord, but its return rule, quoted in full below, says when and how the deposit comes back, and requires an itemized statement of anything kept, turns on the tenant's forwarding address and leaves ordinary wear out of the deductions.

Notice to end a month-to-month tenancy is not symmetrical in South Dakota; the two sides give different notice. The Tenant ends a month-to-month tenancy with at least one month's written notice. The Landlord ends it with at least 15 days' written notice, or two months' notice when the Tenant or an immediate family member living in the Premises is on active military service.

Before coming in, the landlord gives notice, and South Dakota puts a number on it. The Landlord gives reasonable notice before entering, and written notice 24 hours ahead stating the dates, a window during regular business hours and the reason is presumed reasonable, enters only at reasonable times, and needs no notice in an emergency or when notice is impracticable.

One South Dakota disclosure joins the federal lead paint item on the checklist: any known prior manufacturing of methamphetamine in the Premises. The landlord initials it, and the section that requires it prints beside it.

This row notes no city or county overlay for South Dakota; if the property is in a city with its own rental ordinance, check it before signing. The state clauses follow five sections of South Dakota law, read on October 23, 2026 and listed in the Statutes row above; the same citations print in the footer of the PDF.

Read the South Dakota clauses

The wording below is what prints in the PDF for South Dakota, word for word, under the headings Security deposit, Entry, Ending the lease and default, and Disclosures.

Security deposit

Within 21 days after the tenancy ends and the Landlord receives the Tenant's mailing address or delivery instructions, the Landlord returns the deposit or gives a written statement of the specific reason for any withholding for unpaid rent and damage beyond ordinary wear, and on the Tenant's request gives an itemized accounting within 45 days after the tenancy ends. The deposit may not exceed one month's rent, unless the parties agree to a larger deposit because special conditions pose a danger to the upkeep of the Premises.

Entry

The Landlord gives reasonable notice before entering, and written notice 24 hours ahead stating the dates, a window during regular business hours and the reason is presumed reasonable, enters only at reasonable times, and needs no notice in an emergency or when notice is impracticable.

Ending the lease and default

The Tenant ends a month-to-month tenancy with at least one month's written notice. The Landlord ends it with at least 15 days' written notice, or two months' notice when the Tenant or an immediate family member living in the Premises is on active military service. If rent is unpaid or a term is broken, the Landlord gives the written notice South Dakota law requires before ending the tenancy, and the Tenant is responsible for rent through the end of the term unless the Premises is re-rented sooner.

Disclosures the Landlord initials

  • Lead-based paint and hazards, for a building built before 1978, with the EPA pamphlet (42 U.S.C. 4852d)
  • Any known prior manufacturing of methamphetamine in the Premises (S.D. Codified Laws 43-32-30)

Footer of the PDF: South Dakota clauses follow S.D. Codified Laws 43-32-6.1, S.D. Codified Laws 43-32-24, S.D. Codified Laws 43-32-15, S.D. Codified Laws 43-8-8, S.D. Codified Laws 43-32-32 as read on 2026-10-23.

South Dakota lease questions

How much can a landlord charge for a security deposit in South Dakota?
No more than one month's rent, unless the parties agree to a larger deposit because special conditions pose a danger to the upkeep of the Premises. The cap comes from S.D. Codified Laws 43-32-6.1, and the lease repeats it in the deposit clause.
When does the security deposit come back in South Dakota?
Within 21 days after the tenancy ends and the Landlord receives the Tenant's mailing address or delivery instructions, the Landlord returns the deposit or gives a written statement of the specific reason for any withholding for unpaid rent and damage beyond ordinary wear, and on the Tenant's request gives an itemized accounting within 45 days after the tenancy ends.
How much notice ends a month-to-month tenancy in South Dakota?
The Tenant ends a month-to-month tenancy with at least one month's written notice. The Landlord ends it with at least 15 days' written notice, or two months' notice when the Tenant or an immediate family member living in the Premises is on active military service.
How much notice does a South Dakota landlord give before entering?
The Landlord gives reasonable notice before entering, and written notice 24 hours ahead stating the dates, a window during regular business hours and the reason is presumed reasonable, enters only at reasonable times, and needs no notice in an emergency or when notice is impracticable.
What does a South Dakota landlord have to disclose with the lease?
Beyond the federal lead paint disclosure for a building built before 1978, the South Dakota checklist has one item: any known prior manufacturing of methamphetamine in the Premises. Each one names its statute and the landlord initials it in the document.
Which South Dakota statutes does this lease cite?
S.D. Codified Laws 43-32-6.1, S.D. Codified Laws 43-32-24, S.D. Codified Laws 43-32-15, S.D. Codified Laws 43-8-8 and S.D. Codified Laws 43-32-32, read on October 23, 2026. They print in the document footer so a reader can check each clause against the statute in a minute.
Should a lawyer look at this South Dakota lease before I use it?
It is a general form, not legal advice, and it does not claim to comply with any law. The clauses state what the South Dakota statute requires and name the statute. A lawyer who works with South Dakota landlords can tell you whether the form fits your property, your city and the terms you want to add, which is worth the hour before signing a lease for a large rent or a long term.

Who this is for. A South Dakota lease is one half of a landlord's paperwork; proving a notice was received is the other. Both are covered at free e-signatures for landlords.

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