Two ways to rent in South Dakota
The same free builder makes both — pick the one that fits and the agreement adapts automatically.
Standard Residential Lease Agreement
A fixed-term lease with set start and end dates (usually one year) — best for a long-term tenant.
Create a fixed-term leaseMonth-to-Month Rental Agreement
A flexible tenancy that renews each month and ends with proper written notice from either party.
Create a month-to-month agreementOverview
Renting out a home in South Dakota? A residential lease agreement is the contract that protects both sides — it sets the rent, the term, the deposit, and the rules the landlord and tenant agree to, and it's your proof of what was agreed if a dispute ever comes up. South Dakota residential tenancies are governed by Chapter 43-32 of the Codified Laws.
South Dakotalease rules & requirements
Security deposit
South Dakota caps a residential security deposit at one month's rent under SDCL 43-32-6.1, though a higher amount may be agreed to when special conditions (such as a pet) pose a danger to the property. The landlord must return the deposit within 14 days after the tenancy ends; if any of it is kept, the tenant can demand a written, itemized statement of the deductions and the balance is due within 45 days.
Late fees
South Dakota sets no statutory cap on late fees. A late fee should be a reasonable estimate of the landlord's cost when rent is paid late, and it is only enforceable if it is stated in the lease, so spell out the amount and when it applies.
Landlord entry & notice
Under SDCL 43-32-32, a landlord may enter for non-emergency reasons such as inspections, repairs, or showings only after giving reasonable notice, which the statute presumes to be at least 24 hours. Entry without notice is allowed only in an emergency. Stating the 24-hour rule in the lease keeps expectations clear.
Required disclosures
The landlord must include the federal lead-based-paint disclosure for homes built before 1978. South Dakota also requires disclosure of any known prior methamphetamine manufacturing on the premises under SDCL 43-32-30. Identifying the owner or manager and how to reach them is good practice even though it is not separately mandated.
Ending the lease
A fixed-term lease simply ends on its end date. A month-to-month tenancy can be ended by either party with at least one month's written notice, and the same one-month notice applies to a rent increase or any change to the terms.
Does it need notarizing?
No. A South Dakota residential lease doesn't need to be notarized or witnessed — it's binding once the landlord and tenant(s) sign. Each party should keep a signed copy.
This is general information, not legal advice. Confirm the current rules under South Dakota law (Codified Laws Chapter 43-32).
How to write a South Dakota lease agreement
- 1
Choose the lease type — a fixed-term lease (set start and end dates) or a month-to-month tenancy.
- 2
Add the property details and the landlord's and tenant(s)' full legal names and addresses.
- 3
Set the monthly rent, the due date, accepted payment methods, and any late or NSF fees.
- 4
Set the security deposit (up to one month's rent) and when it's returned, plus any pet, parking, smoking, or utility terms.
- 5
Add the required disclosures (lead-based paint for pre-1978 homes; any known prior meth manufacturing) and any house rules.
- 6
The landlord and every tenant sign and date the lease — and each keeps a copy.
Ready to create your South Dakota lease agreement?
Fill the form, watch it build live, and download the PDF — free, no signup.
Open the free builderWhat to include
- Landlord & tenant(s) — names and addresses
- Property, lease type & term
- Rent — amount, due date & payment methods
- Security deposit, late & NSF fees
- Pets, parking, smoking & utilities
- Disclosures & signatures
South Dakota lease agreement FAQ
Does a South Dakota residential lease need to be notarized?
No. A residential lease in South Dakota doesn't have to be notarized or witnessed. It's legally binding once the landlord and tenant(s) sign it.
Is there a limit on the security deposit in South Dakota?
Yes. South Dakota caps a residential security deposit at one month's rent under SDCL 43-32-6.1. A higher amount may be agreed to only when special conditions, such as a pet, present a danger to the property.
How long does a South Dakota landlord have to return the deposit?
14 days after the tenancy ends. If the landlord keeps any part of it, the tenant can demand a written, itemized statement of the deductions, and the remaining balance must be returned within 45 days.
How much can a late fee be in South Dakota?
There is no statutory cap, but the fee must be a reasonable estimate of the landlord's cost when rent is late, and it is only enforceable if it is written into the lease.
How much notice ends a month-to-month lease in South Dakota?
At least one month's written notice from either the landlord or the tenant. The same one-month notice is required to raise the rent or change any term of a month-to-month tenancy.
Does the landlord have to give notice before entering?
Yes. Under SDCL 43-32-32 the landlord must give reasonable notice for non-emergency entry, which is presumed to be at least 24 hours. No notice is needed only in a genuine emergency.
What must a South Dakota lease disclose?
The federal lead-based-paint disclosure for homes built before 1978, and any known prior methamphetamine manufacturing on the premises under SDCL 43-32-30. Naming the owner or manager and how to reach them is also good practice.
Is this South Dakota lease agreement really free?
Yes — completely. Fill it in, preview it live, and download the PDF with no signup, no credit card, and no watermark. Unlike sites that charge a fee or push a subscription to download, there's nothing to pay here.