Free South Dakota Lease & Rental Agreement

Last updated September 27, 2026

Written by LawLease Editorial

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South Dakota Residential Lease Agreement

A South Dakota residential lease (also called a South Dakota rental agreement) sets the rent, term and house rules for a home rental. A South Dakota residential lease agreement is governed by S.D. Codified Laws Chapter 43-32 (Lease of Real Property), with evictions under Chapter 21-16. South Dakota caps deposits at one month’s rent, gives landlords 21 days to return them, presumes 24 hours’ written notice is reasonable for entry, and since 2024 no longer requires a pre-suit notice to quit.

South Dakota landlord–tenant law at a glance

South Dakota residential lease law summary
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
Late fees	No statutory cap; must be reasonable and stated in the lease
Rent-increase notice	30 days’ written notice before the end of the month (month-to-month)SDCL §43-32-13
Landlord entry	Reasonable notice; 24 hours’ written notice presumed reasonableSDCL §43-32-32
Month-to-month termination	Notice as long as the rental period, up to one monthSDCL §43-32-15
Nonpayment eviction	No pre-suit notice to quit since 2024; eviction action once rent is 3 days lateSDCL §21-16-1(4)
Lockouts	Two months’ rent in damages plus return of deposit and advance rentSDCL §43-32-6

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).

Landlord entry & access

Except in an emergency or where it’s impracticable, a South Dakota landlord must give the tenant reasonable notice of the intent to enter and enter only at reasonable times. Twenty-four hours’ written notice is presumed reasonable unless the lease sets a different method or timing that both sides agreed to (SDCL §43-32-32).

The notice itself has required content: the date or dates of entry, a window of time during normal business hours, the purpose of the entry, and a way for the tenant to ask to reschedule (§43-32-32).

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).

Notice to end a South Dakota periodic tenancy (SDCL §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).

Required disclosures in South Dakota

South Dakota has few state-specific lease disclosures. It does not require mold, bedbug, radon or owner-identity disclosures for ordinary residential leases.

Methamphetamine — A landlord with actual knowledge of prior methamphetamine manufacturing on the premises must disclose it to the tenant or prospective tenant; in a multi-unit building, only for the affected unit (SDCL §43-32-30).
Lead-based paint — Federal warning and known-hazard disclosure for housing built before 1978 (42 U.S.C. §4852d).

Habitability & repairs

A South Dakota landlord must keep the premises and common areas in reasonable repair, fit for human habitation and in good and safe working order, and maintain the electrical, plumbing and heating systems — except for damage the tenant caused through negligent, willful or malicious conduct (SDCL §43-32-8). The tenant must preserve the premises and repair damage they cause (§43-32-10).

If the landlord doesn’t make needed repairs within a reasonable time after notice, the tenant may repair and deduct the cost from rent, or vacate and be discharged from further rent. Where repairs would cost more than one month’s rent, the tenant may, after written notice, deposit rent into a separate account until the repairs are made (§43-32-9).

Tenant protections you can’t waive

No lockouts — A landlord who unlawfully removes or excludes a tenant, or willfully interrupts electric, gas, water or other essential services, owes two months’ rent plus return of any advance rent and deposit (SDCL §43-32-6).
No retaliation — A landlord can’t raise rent above market, cut utilities, or give a notice to vacate not based on a lease breach after a good-faith code complaint, a written repair request, or the tenant joining a tenants’ organization. Notice given more than 180 days after the event is a defense, and simply not renewing a written lease isn’t retaliation (§43-32-27; remedies §43-32-28).
Calls for help — A lease can’t authorize eviction of a tenant who calls police or emergency responders about domestic abuse, sexual offenses or stalking, and victims can’t be evicted solely for being victims (§43-32-18.1).
Victim confidentiality — A forwarding address given in a §43-32-19.1 termination can’t be disclosed without the tenant’s consent unless required by law (§43-32-19.2).

South Dakota lease 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).

How much notice does a South Dakota landlord need to enter?

Reasonable notice, and 24 hours’ written notice is presumed reasonable unless the lease sets something else. The notice must state the dates, a time window during normal business hours, the purpose, and how to reschedule (SDCL §43-32-32).

How much notice to raise rent in South Dakota?

On a month-to-month lease, at least 30 days’ written notice before the end of the month. The tenant can then choose to leave effective the first of the next month by giving notice within 15 days (SDCL §43-32-13).

Does a South Dakota landlord have to give a 3-day notice before eviction?

Not anymore. South Dakota repealed the three-day notice to quit (SDCL §21-16-2) in 2024. A landlord can bring a forcible entry and detainer action once rent is three days past due (§21-16-1(4)), though any notice your lease promises must still be given.

How much notice to end a month-to-month lease in South Dakota?

One month. The notice must be at least as long as the rental period, capped at one month, or the tenancy is presumed to renew (SDCL §43-32-15).

Does a South Dakota lease need to be in writing?

A lease for more than one year must be in writing (SDCL §43-32-5); shorter leases can be oral, though a written lease is strongly recommended. Notarization is not required.

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