Free South Dakota Rent-to-Own Agreement Template

Last reviewed September 2026

Written by LawLease Editorial

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South Dakota Rent-to-Own Agreement

This Rent-to-Own 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

South Dakota rules for a Rent-to-Own Agreement
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).
Rent-increase notice	30 days’ written notice before the end of the month (month-to-month)SDCL §43-32-13
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).
Month-to-month termination	Notice as long as the rental period, up to one monthSDCL §43-32-15

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).

South Dakota Rent-to-Own 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 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).

Rent-to-Own Agreement in other states

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