Last reviewed September 2026
Written by LawLease Editorial
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South Dakota Spanish Lease Agreement
This Spanish Lease 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). |
| Landlord entry | Reasonable notice; 24 hours’ written notice presumed reasonableSDCL §43-32-32 |
| Late fees | No statutory cap; must be reasonable and stated in the lease |
| 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).
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).
South Dakota Spanish 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 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).
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 Co-Signer Guarantor Agreement
- 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 Sublease Agreement
- South Dakota Lease Amendment
Spanish Lease Agreement in other states
- Alabama Spanish Lease Agreement
- Alaska Spanish Lease Agreement
- Arizona Spanish Lease Agreement
- Arkansas Spanish Lease Agreement
- California Spanish Lease Agreement
- Colorado Spanish Lease Agreement
- Connecticut Spanish Lease Agreement
- Delaware Spanish Lease Agreement
- Florida Spanish Lease Agreement
- Georgia Spanish Lease Agreement
- Hawaii Spanish Lease Agreement
- Idaho Spanish Lease Agreement
- Illinois Spanish Lease Agreement
- Indiana Spanish Lease Agreement
- Iowa Spanish Lease Agreement
- Kansas Spanish Lease Agreement
- Kentucky Spanish Lease Agreement
- Louisiana Spanish Lease Agreement
- Maine Spanish Lease Agreement
- Maryland Spanish Lease Agreement
- Massachusetts Spanish Lease Agreement
- Michigan Spanish Lease Agreement
- Minnesota Spanish Lease Agreement
- Mississippi Spanish Lease Agreement
- Missouri Spanish Lease Agreement
- Montana Spanish Lease Agreement
- Nebraska Spanish Lease Agreement
- Nevada Spanish Lease Agreement
- New Hampshire Spanish Lease Agreement
- New Jersey Spanish Lease Agreement
- New Mexico Spanish Lease Agreement
- New York Spanish Lease Agreement
- North Carolina Spanish Lease Agreement
- North Dakota Spanish Lease Agreement
- Ohio Spanish Lease Agreement
- Oklahoma Spanish Lease Agreement
- Oregon Spanish Lease Agreement
- Pennsylvania Spanish Lease Agreement
- Rhode Island Spanish Lease Agreement
- South Carolina Spanish Lease Agreement
- Tennessee Spanish Lease Agreement
- Texas Spanish Lease Agreement
- Utah Spanish Lease Agreement
- Vermont Spanish Lease Agreement
- Virginia Spanish Lease Agreement
- Washington Spanish Lease Agreement
- West Virginia Spanish Lease Agreement
- Wisconsin Spanish Lease Agreement
- Wyoming Spanish Lease Agreement
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