What clauses are legally required in every South Dakota lease agreement?
Every South Dakota lease should identify the landlord/agent and all adult tenants, the property, the rent and due date, and the term. South Dakota requires a methamphetamine-manufacture disclosure where the landlord has actual knowledge (§ 43-32-30). A lease for a term longer than one year must be in writing (§ 53-8-2).
South Dakota security deposit rules — the one-month cap and 14/45-day return
SDCL §§ 43-32-6.1 and 43-32-24 govern deposits:
- Cap: no more than one month's rent, unless a written agreement and special conditions (a danger to the premises) make a higher deposit reasonable.
- Return: within 2 weeks (14 days) of termination and receipt of the tenant's mailing address, the landlord must return the deposit or a written statement of the reasons for withholding.
- Itemized accounting: if the tenant requests it, the landlord must provide an itemized accounting within 45 days of termination.
- Penalty: bad-faith retention exposes the landlord to punitive damages up to $200.
For a multi-state comparison, see security deposit rules every landlord must know.
Late fees and rent rules in South Dakota
South Dakota does not set a statutory cap on residential late fees and has no mandated grace period. A late fee is enforceable only if it is stated in the written lease and reasonable; if the lease is silent, no late fee may be charged.
Notice periods to end or not renew a South Dakota lease
South Dakota notice periods:
| Situation | Notice | Statute |
|---|---|---|
| Terminate month-to-month tenancy | 1 month / 30 days | § 43-32-13 |
| Nonpayment of rent (since July 1, 2024) | No statutory notice — may file once rent is 3+ days late | § 21-16-1(4) |
SB 90 (2024) repealed the old notice-to-quit requirement (§ 21-16-2) effective July 1, 2024, so no statutory pre-filing notice is required for nonpayment — a landlord may file a forcible-entry-and-detainer action once rent is at least three days past due. If the lease itself requires notice, the landlord is bound by that term. Self-help eviction is unlawful.
What disclosures must South Dakota landlords provide?
South Dakota's required disclosures:
- Methamphetamine (§ 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).
- Lead-based paint (federal): the disclosure and EPA pamphlet for pre-1978 housing.
What happens if a South Dakota lease is missing required terms?
Specific failures carry specific consequences:
- Deposit over the one-month cap: the tenant can recover the excess.
- Missed 14-day return / no accounting on request: bad-faith retention exposes the landlord to up to $200 in punitive damages (§ 43-32-24).
- Undisclosed meth history: non-compliant with § 43-32-30.
Managing rentals in more than one state? Compare South Dakota's rules with our North Dakota and Nebraska lease requirement guides.
Full South Dakota disclosure checklist
For a dedicated, statute-by-statute rundown of every notice a South Dakota landlord must give at signing, see our South Dakota required lease disclosures checklist.
Create your South Dakota lease agreement
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Create your South Dakota lease agreement →Frequently asked questions
What is the maximum security deposit in South Dakota?
One month's rent, unless a written agreement and special conditions justify a higher amount (SDCL § 43-32-6.1).
How long does a South Dakota landlord have to return a security deposit?
Within two weeks (14 days) of termination and receipt of the tenant's mailing address, the landlord must return the deposit or a statement of reasons for withholding; a full itemized accounting is due within 45 days if the tenant requests it (SDCL § 43-32-24).
Is there a late-fee limit in South Dakota?
No. South Dakota does not cap residential late fees; the fee must be stated in the lease and reasonable, or no late fee may be charged.
Does South Dakota require a notice before filing for nonpayment of rent?
No, as of July 1, 2024. SB 90 repealed the notice-to-quit requirement, so a landlord may file a forcible-entry-and-detainer action once rent is at least three days past due, unless the lease requires notice.
How much notice is required to end a month-to-month tenancy in South Dakota?
One month (30 days) written notice by either party (SDCL § 43-32-13).
Official sources
Primary statutes and official government references for this guide. Statutes change — always confirm against the current official text before you act.