Free South Dakota Lease Agreement
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South Dakota Lease Agreement Requirements (2026)
Every South Dakota residential lease must comply with state landlord-tenant law. Here are the key rules your lease must follow:
| Rule | Requirement |
|---|---|
| Security Deposit Limit | 1 month’s rent (higher amounts allowed if landlord can justify special conditions) |
| Deposit Return Deadline | 14 days (or 45 days if deducting for damages beyond normal wear) |
| Late Fee Cap | No statutory cap |
| Grace Period | No statutory requirement |
| Landlord Entry Notice | 24 hours notice |
| Rent Increase Notice | 30 days (month-to-month tenancies) |
Key South Dakota Landlord-Tenant Laws
- South Dakota Residential Landlord-Tenant Law (S.D. Codified Laws §43-32-1 et seq.) — Governs residential tenancies. Notably, South Dakota does not have a statutory implied warranty of habitability for most properties.
Frequently Asked Questions
Does South Dakota have a warranty of habitability?
No. South Dakota is one of the few states that does not have a statutory implied warranty of habitability for most residential tenancies. This means tenants have limited legal remedies for repair issues unless the lease specifically addresses them.
What are the security deposit rules in South Dakota?
Deposits are generally limited to 1 month’s rent but can be higher if justified. Return deadline is 14 days for full refund or 45 days if the landlord is making deductions for damages.
How quickly can a landlord start eviction in South Dakota?
For nonpayment, landlords give a 3-day written notice. South Dakota’s forcible entry and detainer process allows for relatively fast eviction proceedings.
Learn more: South Dakota Landlord-Tenant Laws
