South Dakota Landlord Disclosures: What Renters Must Know

Before you move into a rental property in South Dakota, your landlord is required to provide important legal information called disclosures. These disclosures protect your rights as a renter and ensure you understand the condition of the property and any special rules or risks. If you are planning to sign a lease or are about to take possession of a new home, knowing what your landlord must tell you up front can help you avoid surprises later.

What Legal Disclosures Must a South Dakota Landlord Provide?

As a South Dakota renter, state law sets out a few key pieces of information your landlord is legally required to disclose before move-in. Here are the main disclosures to expect:

• Lead-Based Paint Disclosure (for properties built before 1978)
• Nonrefundable Fees Disclosure (if applicable)
• Property Condition Statement (if applicable)

Let's break these down in more detail.

Lead-Based Paint Disclosure

If the rental unit was built before 1978, federal law requires the landlord to provide a lead-based paint disclosure. This means you must receive:

• A completed Lead-Based Paint Disclosure Form (no standard number; EPA sample provided)
• An EPA-approved pamphlet, Protect Your Family from Lead in Your Home

For example, if you’re renting a house built in 1965, your landlord must give you both the completed disclosure form and the pamphlet before you sign the lease.

Nonrefundable Fees Disclosure

If your landlord charges any fees that are not refundable—such as a cleaning fee—they must notify you in writing before you sign the rental agreement. This helps you understand the true move-in costs up front. The law does not specify a formal form, but the disclosure must be in writing and clearly state which fees are nonrefundable. See SDCL § 43-32-6.1.

Property Condition Statement

Although not strictly required by South Dakota law, it is a best practice for landlords and tenants to complete a move-in inspection checklist or condition statement. This helps document the state of the property at move-in, protecting both parties if there are disputes over the security deposit later. There is no official state form, but you can use a simple checklist. See guidance from the South Dakota Office of the Attorney General for more information.

Who Oversees Landlord-Tenant Rules in South Dakota?

There is no dedicated landlord-tenant board in South Dakota. Most rental disputes are handled by the South Dakota Unified Judicial System (UJS), which includes circuit and magistrate courts. Renters may need to file a small claims action for deposit or disclosure disputes.

Relevant South Dakota Rental Law

The main state laws covering disclosures and tenant protections include:

• South Dakota Codified Laws Chapter 43-32: Landlord and Tenant — Residential Leases
• SDCL § 43-32-6.1: Nonrefundable Fees Disclosure Requirement
• EPA Lead-Based Paint Disclosure Rule

If you are unsure about your rights or a form, in most cases you can contact the South Dakota Attorney General's Consumer Protection Division for guidance.

Official Disclosure Forms and How They're Used

• Lead-Based Paint Disclosure Form
  
  • When Needed: If the home or apartment was built before 1978.
  • How Used: The landlord must provide you this completed form and an EPA pamphlet before you sign the lease. Download sample from the EPA.
• Written Nonrefundable Fee Disclosure
  
  • When Needed: If any part of your security deposit or other fees are nonrefundable.
  • How Used: This should be provided before you sign the lease—watch for a clear written statement, often included in the lease, naming each nonrefundable fee.
• Property Condition Statement or Checklist
  
  • When Needed: Not required, but strongly recommended at move-in.
  • How Used: Both landlord and tenant walk through the property and note its condition, then sign and keep a copy. Learn more at the Attorney General’s Tenant Rights page.

What If My Landlord Doesn’t Provide These Disclosures?

If you don’t receive required disclosures, such as notice of nonrefundable fees or a lead paint disclosure (when the unit is pre-1978), you may have grounds to break your lease or claim damages. For lead paint issues, the Environmental Protection Agency (EPA) can take enforcement action against landlords. For other disputes, you may take the landlord to small claims court through the Unified Judicial System. Consider seeking free legal help if needed.

FAQs for South Dakota Renters: Required Disclosures

1. What disclosures must my landlord give me before move-in?
   Landlords must provide a lead-based paint disclosure (if the property was built before 1978) and written notice of any nonrefundable fees. It’s also strongly recommended to complete a property condition checklist.
2. Is there an official inspection form required by the state?
   No, South Dakota does not have an official move-in inspection form, but both parties can agree to use a checklist to verify the property’s condition.
3. Do I get my security deposit back if there was no property condition statement?
   Having a condition statement isn’t required, but without it, it’s harder to prove the original state of the unit if there’s a dispute over deductions.
4. Who do I contact if my landlord refuses to provide required disclosures?
   The South Dakota Attorney General’s Consumer Protection Division can assist with complaints. For unresolved legal issues, small claims court is another option.
5. How do I know if my rental needs a lead-based paint disclosure?
   If it was built before 1978, your landlord must provide this information. You can check county property records or ask your landlord about the year built.

Conclusion: Key Takeaways for South Dakota Renters

• Landlords must provide lead paint disclosures (for pre-1978 homes) and notice of any nonrefundable fees—always get these in writing.
• Filling out a move-in checklist can help protect your security deposit, even though it’s not legally required.
• For disputes, contact the South Dakota Attorney General or the Unified Judicial System for small claims guidance.

Need Help? Resources for Renters

• South Dakota Attorney General Tenant Rights Guide
• South Dakota Unified Judicial System: Small Claims Court Information
• EPA Lead Paint Disclosure Rules

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1. SDCL § 43-32-6.1 - Written Notice of Nonrefundable Fees
2. EPA Lead-Based Paint Disclosure Rule
3. South Dakota Attorney General Tenant Rights
4. South Dakota Codified Laws – Chapter 43-32 (Landlord & Tenant)

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