TurboTenant’s South Dakota lease agreement has been written and reviewed by South Dakota lawyers and landlords. It’s been drafted to keep you compliant and covered as you rent out your property.
Click this link to see an example of the South Dakota Lease Agreement.
The South Dakota lease agreement is split up into three sections.
Section 1 contains information specific to you, your tenants, your rental property, and the details of your lease. This is all information that you add during the lease creation process in TurboTenant.
Section 2 contains clauses in accordance with South Dakota law. In order to stay compliant with the law, you will not be able to edit any details in Section 2.
Section 3 contains general clauses for landlords in the United States. It was drafted with best practices in mind for the landlord, tenant relationship. Like Section 2, you will not be able to edit these details.
While you may not edit all of the specifics directly, remember you can add additional provisions that supersede any existing language in the lease by using the Additional Provisions section. This gives you customization and flexibility should you have unique things you want to ensure are covered in your lease.
Section 1 - Custom to You
Section 1 contains the custom details relevant to you, your tenants, and your rental property— who is on the lease, rent amount, utilities, etc. You’ll add these details during the lease creation process
We’ve set up the lease agreement in a way that is easy for you and your tenants to understand. You’ll see the main details you’ve added to the summary table at the front of the lease agreement. The remaining items—like smoking, utilities, keys, etc.—are outlined in the rest of Section 1 as you can see in this example South Dakota Lease Agreement.
Here are a couple of other items in Section 1 worth mentioning:
Additional Provisions: this is where you can add any property specific rules, necessary local clauses, or other specifics you want to include. We recommend that you review any additional provisions with a lawyer.
Lost Key: if your tenants do not return all keys to you when they move out then they are required to pay for the full cost of rekeying the property.
Section 2 - Specific to South Dakota
Section 2 includes language that is specific to South Dakota. In order to help make sure you stay compliant with local laws, we’ve not allowed you to edit the details here.
There are some clauses in Section 2 that we wanted to call out so you understand how it affects you and your tenants.
Late Fees - Section 2.1
Rent is due in full on the Due Date. If Rent is not received on or before the fifth (5th) day of each month, a late fee of five percent (5%) of the unpaid Rent amount will be charged. All late fees shall be deemed additional rent for the month, and shall be paid and collected as such. Late fees will be assessed from the Due Date until the entire balance of unpaid Rent, accrued late fees, and any other charges are paid in full.
Security Deposit Provisions - Section 2.4
Security deposits requirements may vary quite a bit from state to state. In South Dakota:
Security deposits may not exceed one month’s rent.
Security deposit returns in South Dakota also have some unique rules:
Security deposit needs to be returned to Tenant within 14 days at the termination or expiration of the Lease and receipt of Tenant’s forwarding address.
At that time, Landlord must provide Tenant with a written statement of any lawful charges or deductions.
If requested by Tenant, Landlord must furnish to Tenant an itemization of any deductions to the security deposit within 45 days.
Entry/Access to Premises by Landlord - Section 2.8
Landlord shall have the right at all reasonable times during the Term of this Agreement to enter the Premises for the purpose of inspecting and exhibiting the Premises and all buildings and improvements thereon. In non-emergency situations, Landlord will notify Tenant in writing, at least twenty-four (24) hours prior to entry by one of the following methods: telephone message, email message, or door hanger, and having made such good faith effort shall enter as necessary. Such notice shall contain the date(s) of entry, period of time (within normal business hours), purpose of entry and means in which Tenant may reschedule. In an emergency situation, or if a repair is requested by Tenant, Landlord is permitted to enter immediately without prior notice. Tenant understands that Landlord will typically commence showing the Premises to prospective tenants one hundred twenty (120) days or more before the expiration of the term of this Agreement, but may show the Premises to prospective tenants, purchasers, or lenders at any time. Landlord shall further have the right to display “for sale", "for rent", or "vacancy" signs in or about the Premises.
Fair Housing - Section 2.10
Civil rights laws of the United States and South Dakota prohibit housing discrimination on the basis of race, color, religion, national origin, sex, marital status, disability, sexual orientation, gender identity or familial status. There may be additional local ordinances that may include other protected classes. Please research protected classes in your county if there is a concern. All parties to this Agreement shall act according to all applicable fair housing laws.
Disclosure of Prior Manufacturing of Methamphetamines - Section 2.15
Pursuant to SDLRC 43.32.20, Landlord shall disclose to Tenant or any prospective Tenant, knowledge of prior manufacturing of methamphetamines on the Premises.
The clauses in Section 3 are standard to most lease agreements. Along with the rest of the lease agreement, we worked with experienced landlords to make sure you are following best practices in your lease agreement.
Subletting - Section 3.1
Your tenant is not at all allowed to sublease the rental property without your written permission.
Altering or Improving the Property - Section 3.2
Your tenant cannot make any alterations or improvements—like repainting—without your written consent. Unless agreed upon, when they move out, the property must be in the same condition that it was in when they moved in.
Military Personnel Clause/Family Violence/Sex Offenses or Stalking - Section 3.8
The federal Servicemembers Civil Relief Act allows a Tenant to terminate this Agreement, under certain circumstances, if they enlist, are moved, or are drafted or commissioned in the U.S. Armed Forces. Tenants may have additional rights, under state or local laws, to terminate this Agreement early in certain situations involving family violence, certain sexual offenses, harassment, or stalking. All Parties to this Agreement shall act according to any such federal, state, or local law applicable in the jurisdiction where the Premises is located. Any Tenant who is the victim of domestic violence, harassment, sexual assault or stalking can terminate this Lease upon thirty (30) days prior written notice to Landlord.
Choice of Law - Section 3.11
The rental agreement will be governed and construed in accordance to South Dakota's own laws. Also there is a requirement to consent to the use of the county courts in which the property is located.
Attorney/Collection Fees - Section 3.17
To the extent allowed under applicable law, should it become necessary for Landlord to employ an attorney to enforce any of the conditions or covenants hereof, or a collection company to recover any financial loss, including the collection of Rent or gaining possession of the Premises, Tenant agrees to pay all related reasonable legal and/or collection expenses so incurred.
Missing something you want to make sure is included?
This article only includes an overview of some of the details included in the South Dakota Lease Agreement. You can read the whole agreement and double-check for specific details by clicking this link to see an example of the agreement
We wanted our lease agreement to handle the majority of use cases for landlords in South Dakota. However, we do know that some rental situations are unique. If there are other specifics you want to outline in the lease agreement, you can do so in the Additional Provisions section while creating your lease agreement in TurboTenant. We recommend that you review them with a lawyer to ensure you stay compliant with the law.
DISCLAIMER: This lease agreement is not warrantied, either expressly or implied, by TurboTenant, Inc. as to their effectiveness or completeness. TurboTenant, Inc. does not provide legal advice. TURBOTENANT, INC. AND ITS SERVICES, DOCUMENTS, RECORDS, AND PRODUCTS ARE NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY. The user is advised to check all applicable state and federal laws before using this agreement, attachments, disclosures, forms, or parts thereof and to have them reviewed by competent legal counsel prior to use.