Last reviewed September 2026
Written by LawLease Editorial
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South Dakota Co-Signer Guarantor Agreement
This Co-Signer Guarantor Agreement is built with South Dakota as the governing state. These are the South Dakota landlord-tenant rules that most often bear on it, with the statute for each.
South Dakota rules at a glance
| Security deposit limit | 1 month’s rent, unless special conditions justify more by agreementSDCL §43-32-6.1 |
|---|---|
| Deposit return | 21 days after termination and receipt of the tenant’s mailing address (2026 amendment)SDCL §43-32-24 |
| Itemized accounting | On the tenant’s request, the landlord must provide an itemized accounting of any amount withheld within 45 days after the tenancy ends (§43-32-24). |
| Late fees | No statutory cap; must be reasonable and stated in the lease |
| Nonpayment eviction | No pre-suit notice to quit since 2024; eviction action once rent is 3 days lateSDCL §21-16-1(4) |
| Nonpayment of rent | A forcible entry and detainer action is available once rent is unpaid three days after it’s due (§21-16-1(4)). The former three-day notice to quit (§21-16-2) was repealed in 2024, so no pre-suit notice is required by statute — but if your lease promises one, you must give it. |
Security deposits in South Dakota
Any money that secures performance of a residential lease is a security deposit, and a South Dakota landlord may not demand or receive more than one month’s rent — unless the parties agree to a larger deposit because special conditions pose a danger to maintenance of the premises (SDCL §43-32-6.1).
- 21-day deadline — Within 21 days after the tenancy ends and the landlord receives the tenant’s mailing address or delivery instructions, the landlord must return the deposit or give a written statement of the specific reasons for withholding any part of it (§43-32-24). The window was two weeks before a 2026 amendment (SL 2026, ch 179).
- Allowed deductions — Only amounts reasonably needed to cover unpaid rent and other funds due under the lease, and to restore the premises to their move-in condition, ordinary wear and tear excepted (§43-32-24).
- Itemized accounting — On the tenant’s request, the landlord must provide an itemized accounting of any amount withheld within 45 days after the tenancy ends (§43-32-24).
- Penalty — A landlord who misses these requirements forfeits the right to withhold any of the deposit, and bad-faith retention or failure to provide the statement can add punitive damages of up to $200 (§43-32-24).
Rent, late fees & rent increases
South Dakota has no late-fee statute and no rent control. Unless the lease says otherwise, a hiring of real property is presumed to be for one year (SDCL §43-32-3), and a lease longer than one year must be in writing (§43-32-5).
- Late fees — No statute caps late fees or requires a grace period. A late fee should be written into the lease and be a reasonable estimate of the landlord’s cost of late payment; a fee that operates as a penalty risks being unenforceable.
- Rent increases — On a month-to-month lease, the landlord may change the rent or other terms by written notice given at least 30 days before the end of the month; the new terms take effect at the end of that month if the tenant stays (§43-32-13).
- Tenant’s exit right — A tenant who receives a notice of modification may terminate effective the first day of the next month by giving notice within 15 days of receiving it (§43-32-13).
- Fixed-term leases — Rent on a fixed-term lease can’t be raised mid-term unless the lease allows it. If the tenant stays on after the term and the landlord accepts rent, the lease is presumed renewed on the same terms for the same period, up to one year (§43-32-14).
Ending a South Dakota tenancy
A lease ends at the expiration of its agreed term or by mutual consent (SDCL §43-32-22). For a tenancy with no fixed term, either party must give notice at least as long as the rental period itself, but not more than one month, or the hiring is presumed to renew (§43-32-15).
| Week-to-week | One week |
|---|---|
| Month-to-month | One month |
| Tenancy at will (landlord) | At least 15 days (§43-8-8) |
| Tenancy at will — active-duty military household | Two months, with limited exceptions (§43-8-8) |
- Nonpayment of rent — A forcible entry and detainer action is available once rent is unpaid three days after it’s due (§21-16-1(4)). The former three-day notice to quit (§21-16-2) was repealed in 2024, so no pre-suit notice is required by statute — but if your lease promises one, you must give it.
- Lease violations — A landlord may terminate before the end of the term if the tenant uses the premises contrary to the lease, or fails to make repairs they’re responsible for within a reasonable time after request (§43-32-18).
- Domestic abuse, sexual offenses & stalking — A tenant may terminate without an early-termination penalty by written notice citing fear of imminent danger, with a police report, protection order or health-care provider documentation from the past 30 days; the tenant owes no rent for the month after they vacate (§43-32-19.1).
- Landlord default — A tenant may terminate early if the landlord fails, within a reasonable time after written request, to put the tenant in quiet possession or make required repairs, or if most of the premises is destroyed (§43-32-19).
South Dakota Co-Signer Guarantor Agreement FAQs
How much can a landlord charge for a security deposit in South Dakota?
No more than one month’s rent, unless the landlord and tenant agree to a larger deposit because special conditions pose a danger to the premises (SDCL §43-32-6.1).
How long does a landlord have to return a security deposit in South Dakota?
21 days after the tenancy ends and the landlord receives the tenant’s mailing address, returning the deposit or a written statement of reasons for withholding. The deadline was two weeks until a 2026 amendment. An itemized accounting is due within 45 days on request, and missing the rules forfeits the right to withhold (§43-32-24).
More South Dakota landlord documents
- South Dakota Residential Lease Agreement
- South Dakota Eviction Notice
- South Dakota Security Deposit Return Letter
- South Dakota Rent Increase Notice
- South Dakota Notice to Vacate
- South Dakota Application Approval Letter
- South Dakota Application Denial Letter
- South Dakota Background & Credit Check Authorization
- South Dakota Rental Application
- South Dakota Bed Bug Addendum
- South Dakota Mold & Mildew Addendum
- South Dakota No-Smoking Addendum
- South Dakota Parking & Storage Addendum
- South Dakota HOA & Community Rules Addendum
- South Dakota Crime-Free Housing Addendum
- South Dakota Utilities & Services Addendum
- South Dakota Early Termination Addendum
- South Dakota Lease Extension Addendum
- South Dakota Lead-Based Paint Disclosure
- South Dakota Military Clause (SCRA)
- South Dakota Pet Addendum
- South Dakota Cash for Keys Agreement
- South Dakota Mutual Lease Termination Agreement
- South Dakota Lease Renewal Agreement
- South Dakota Notice of Non-Renewal
- South Dakota Late Rent Notice
- South Dakota Lease Violation Notice
- South Dakota Notice of Entry
- South Dakota Move-In / Move-Out Inspection Checklist
- South Dakota Rent Receipt
- South Dakota Rent Verification Letter
- South Dakota Tenant Welcome Letter
- South Dakota Property Management Agreement
- South Dakota Commercial Lease
- South Dakota Rent-to-Own Agreement
- South Dakota Short-Term Rental Agreement
- South Dakota Room Rental Agreement
- South Dakota Roommate Agreement
- South Dakota Spanish Lease Agreement
- South Dakota Sublease Agreement
- South Dakota Lease Amendment
Co-Signer Guarantor Agreement in other states
- Alabama Co-Signer Guarantor Agreement
- Alaska Co-Signer Guarantor Agreement
- Arizona Co-Signer Guarantor Agreement
- Arkansas Co-Signer Guarantor Agreement
- California Co-Signer Guarantor Agreement
- Colorado Co-Signer Guarantor Agreement
- Connecticut Co-Signer Guarantor Agreement
- Delaware Co-Signer Guarantor Agreement
- Florida Co-Signer Guarantor Agreement
- Georgia Co-Signer Guarantor Agreement
- Hawaii Co-Signer Guarantor Agreement
- Idaho Co-Signer Guarantor Agreement
- Illinois Co-Signer Guarantor Agreement
- Indiana Co-Signer Guarantor Agreement
- Iowa Co-Signer Guarantor Agreement
- Kansas Co-Signer Guarantor Agreement
- Kentucky Co-Signer Guarantor Agreement
- Louisiana Co-Signer Guarantor Agreement
- Maine Co-Signer Guarantor Agreement
- Maryland Co-Signer Guarantor Agreement
- Massachusetts Co-Signer Guarantor Agreement
- Michigan Co-Signer Guarantor Agreement
- Minnesota Co-Signer Guarantor Agreement
- Mississippi Co-Signer Guarantor Agreement
- Missouri Co-Signer Guarantor Agreement
- Montana Co-Signer Guarantor Agreement
- Nebraska Co-Signer Guarantor Agreement
- Nevada Co-Signer Guarantor Agreement
- New Hampshire Co-Signer Guarantor Agreement
- New Jersey Co-Signer Guarantor Agreement
- New Mexico Co-Signer Guarantor Agreement
- New York Co-Signer Guarantor Agreement
- North Carolina Co-Signer Guarantor Agreement
- North Dakota Co-Signer Guarantor Agreement
- Ohio Co-Signer Guarantor Agreement
- Oklahoma Co-Signer Guarantor Agreement
- Oregon Co-Signer Guarantor Agreement
- Pennsylvania Co-Signer Guarantor Agreement
- Rhode Island Co-Signer Guarantor Agreement
- South Carolina Co-Signer Guarantor Agreement
- Tennessee Co-Signer Guarantor Agreement
- Texas Co-Signer Guarantor Agreement
- Utah Co-Signer Guarantor Agreement
- Vermont Co-Signer Guarantor Agreement
- Virginia Co-Signer Guarantor Agreement
- Washington Co-Signer Guarantor Agreement
- West Virginia Co-Signer Guarantor Agreement
- Wisconsin Co-Signer Guarantor Agreement
- Wyoming Co-Signer Guarantor Agreement
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