South Dakota Lease Agreement

A South Dakota lease agreement is a written contract between a landlord (or property manager) and a tenant that explains all the important rental terms—such as rent amount, due date, lease length, and maintenance responsibilities

To be legally valid, the lease must follow South Dakota Landlord-Tenant Laws (SD Codified L § 43-32). This law protects both landlords and tenants by defining their rights and obligations.

Landlords and property managers in South Dakota commonly use a few different types of leases:

• Fixed-Term Lease: Runs for a specific period (for example, 12 months). Rent and terms stay the same until the lease ends.
• Month-to-Month Rental Agreement: Automatically renews every month until either party gives at least 30 days’ written notice to terminate or modify the lease (SD Codified L § 43-32-13).
• Sublease Agreement: Allows an existing tenant to rent out the property to another person (a “subtenant”) — but only with the landlord’s written approval.
• Commercial Lease: Used for business properties like offices or storefronts (governed by separate commercial leasing laws).

To make a South Dakota lease agreement legally compliant, be sure to include the following details:

• Tenant and Landlord Names: Full legal names of everyone involved.
• Property Address: Full legal address and unit details.
• Lease Term: Start and end dates, along with renewal or termination terms.
• Rent Details: Monthly rent amount, due date, payment methods, and late fee policies.
• Security Deposit Terms: Deposit amount, refund policy, deductions
• The security-deposit amount, which cannot exceed one months’ rent (SD Codified L § 43-32-6.1)
• The landlord must return the deposit within 14 days after the tenant moves out, along with an itemized list of deductions (SD Codified L § 43-32-24).
• South Dakota Required Disclosures:
• Lead-based paint disclosures (for properties built before 1978)
• Signatures of both parties: Both landlord and tenant must sign and date the lease.

The main difference is the duration, flexibility, and legal obligations under South Daktoa law:

• Lease Agreement: Usually covers a fixed term (for example, one year). Rent and terms can’t change until the lease ends, unless both sides agree in writing.
• Rental Agreement (Month-to-Month): Typically runs month-to-month and renews automatically. Either party can end it with 30 days’ written notice, and landlords can adjust terms for the next month if they give proper notice (SD Codified L § 43-32-13).

No, under South Dakota rental laws (SD Codified L § 43-32), a landlord cannot increase rent during a fixed-term lease unless the lease specifically allows it.

For month-to-month leases, landlords may raise rent or change other terms, but must give the tenant at least 30 days’ written notice before the next rental period begins (SD Codified L § 43-32-13).

If a tenant ends their lease early in South Dakota, they may still be financially responsible for paying rent until the lease term ends or until the landlord finds a new tenant.

Under South Dakota landlord-tenant laws (SD Codified L § 43-32) landlords must make reasonable efforts to re-rent the property to reduce financial loss—this is called “mitigating damages.”

In South Dakota, lease renewal or termination depends on the type of tenancy:

Fixed-Term Lease:

Ends automatically on the stated end date unless both parties agree to renew. Renewals should always be done in writing, either through a new lease or a signed addendum. A tenant or landlord cannot terminate a fixed-term lease early without mutual consent unless there’s a legal reason (SD Codified L § 43-32-13-19.1).

Month-to-Month Lease:

Automatically renews each month until someone gives proper notice. Either landlord or tenant can end the agreement with 30 days’ written notice before the next rental period begins (SD Codified L § 43-32-13)

Yes, a South Dakota lease agreement can be modified after signing, but only if both the landlord and tenant agree in writing.

Any changes should be added as a lease addendum that clearly describes what’s being modified (for example, a rent change, pet policy, or added occupant). Both parties must sign and date the addendum to make it legally binding and must comply with South Dakota landlord-tenant laws (SD Codified L § 43-32).