Which disclosures must a South Dakota lease include?
South Dakota landlord-tenant law is governed by SDCL Chapter 43-32. Beyond the universal federal lead rule, the disclosures a South Dakota landlord must give at or around lease signing are:
| Disclosure | Authority | Applies To |
|---|---|---|
| Methamphetamine manufacture | SDCL § 43-32-30 | When the landlord has actual knowledge |
| Lead-based paint hazard + EPA pamphlet | Title X (federal) | Housing built before 1978 |
The main South Dakota lease disclosures
Methamphetamine manufacture (SDCL § 43-32-30): a landlord with actual knowledge of prior methamphetamine manufacturing on the premises must disclose it to prospective tenants (a state form exists).
Federal lead-based paint disclosure
For older housing this is the one disclosure no South Dakota landlord can skip. If the dwelling predates 1978, Title X (42 U.S.C. § 4852d) requires a signed lead-warning disclosure, disclosure of any known lead hazards, delivery of any available records, and the EPA pamphlet Protect Your Family From Lead in Your Home. Non-compliance carries civil penalties and, in egregious cases, criminal ones.
What happens if a South Dakota landlord skips a required disclosure?
Consequences depend on the disclosure:
- A bad-faith deposit retention exposes the landlord to up to $200 in punitive damages (§ 43-32-24).
- A federal lead-paint violation carries civil and, in egregious cases, criminal penalties plus liability for tenant damages.
For the full set of South Dakota lease rules — deposits, late fees, and notice periods — see What Must a South Dakota Lease Agreement Include. Managing rentals in more than one state? Compare South Dakota's list with our North Dakota and Nebraska disclosure checklists, and see the baseline in What Every Residential Lease Agreement Must Include.
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Create your South Dakota lease agreement →Frequently asked questions
What disclosures are required in a South Dakota lease?
A South Dakota lease must include methamphetamine manufacture (SDCL § 43-32-30), plus the federal lead-based paint disclosure for pre-1978 housing.
Does South Dakota require a methamphetamine manufacture disclosure?
Yes. a landlord with actual knowledge of prior methamphetamine manufacturing on the premises must disclose it to prospective tenants (a state form exists) (SDCL § 43-32-30).
Does South Dakota require a lead-paint disclosure?
Yes, for pre-1978 housing. This is a federal requirement: the signed lead-warning disclosure, known records, and the EPA pamphlet.
Official sources
Primary statutes and official government references for this guide. Statutes change — always confirm against the current official text before you act.