Last reviewed September 2026
Written by LawLease Editorial
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South Dakota Sublease Agreement
This Sublease 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). |
| 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).
South Dakota Sublease 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 Spanish Lease Agreement
- South Dakota Lease Amendment
Sublease Agreement in other states
- Alabama Sublease Agreement
- Alaska Sublease Agreement
- Arizona Sublease Agreement
- Arkansas Sublease Agreement
- California Sublease Agreement
- Colorado Sublease Agreement
- Connecticut Sublease Agreement
- Delaware Sublease Agreement
- Florida Sublease Agreement
- Georgia Sublease Agreement
- Hawaii Sublease Agreement
- Idaho Sublease Agreement
- Illinois Sublease Agreement
- Indiana Sublease Agreement
- Iowa Sublease Agreement
- Kansas Sublease Agreement
- Kentucky Sublease Agreement
- Louisiana Sublease Agreement
- Maine Sublease Agreement
- Maryland Sublease Agreement
- Massachusetts Sublease Agreement
- Michigan Sublease Agreement
- Minnesota Sublease Agreement
- Mississippi Sublease Agreement
- Missouri Sublease Agreement
- Montana Sublease Agreement
- Nebraska Sublease Agreement
- Nevada Sublease Agreement
- New Hampshire Sublease Agreement
- New Jersey Sublease Agreement
- New Mexico Sublease Agreement
- New York Sublease Agreement
- North Carolina Sublease Agreement
- North Dakota Sublease Agreement
- Ohio Sublease Agreement
- Oklahoma Sublease Agreement
- Oregon Sublease Agreement
- Pennsylvania Sublease Agreement
- Rhode Island Sublease Agreement
- South Carolina Sublease Agreement
- Tennessee Sublease Agreement
- Texas Sublease Agreement
- Utah Sublease Agreement
- Vermont Sublease Agreement
- Virginia Sublease Agreement
- Washington Sublease Agreement
- West Virginia Sublease Agreement
- Wisconsin Sublease Agreement
- Wyoming Sublease Agreement
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