South Dakota Lease Disclosure Rules Every Renter Should Know

Understanding the required disclosures in a South Dakota residential lease is important for renters and landlords alike. These disclosures give renters key information they need to make informed decisions, avoid surprises, and protect their rights under state law.

What Are Required Lease Disclosures?

A lease disclosure is information that a landlord must share with a renter, usually in writing. South Dakota law requires certain disclosures in every residential lease to keep housing safe and transparent for tenants.

Key South Dakota Lease Disclosures for Renters

• Lead-based paint disclosure (for homes built before 1978): If your rental was built before 1978, federal law requires landlords to give you a lead-based paint disclosure and a copy of the EPA’s 'Protect Your Family From Lead In Your Home' pamphlet. This warns tenants of potential health hazards from lead paint.
• Identification of owner or agent: Landlords must disclose the name and address of the owner of the dwelling unit, or the person authorized to manage the premises. This ensures tenants know whom to contact for repairs or emergencies. (See South Dakota Codified Laws § 43-32-6).
• Nonrefundable fees: If any fee (like a cleaning or pet fee) is nonrefundable, the lease must state this clearly. Without this language, fees may be considered refundable under state law.
• Security deposit terms: While not always labeled a 'disclosure,' South Dakota law limits security deposits to one month’s rent, unless special conditions apply. Leases must clarify the deposit amount and the conditions for its return (see full rules under SDCL § 43-32-6.1).

Some cities or counties may have further requirements, but these are the core statewide rules as of this year.

Important Official Forms for Renters

• Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards
  (No state-specific form number; use EPA/Lead disclosure forms)
  Download EPA Lead-Based Paint Disclosure Form
  When to use: If renting a property built before 1978, your landlord must provide this form before you sign your lease. It lists any known hazards and gives you important safety facts. If you don’t receive it, ask your landlord or property manager before signing.
• Notice of Termination (30-Day Notice)
  (No official state-issued form, but requirements set by law)
  See statutory requirements for termination notices
  When to use: If your landlord or you want to end a month-to-month lease, a written 30-day notice is required. Sample templates may be found through state or local housing offices, but always check it meets legal standards.

You should always request copies of any disclosures, and review them closely before signing your lease.

Who Regulates Residential Leases and Disputes in South Dakota?

South Dakota does not have a separate landlord-tenant board. Disputes are usually handled through the local county court (Circuit Court system). The relevant laws are found in the South Dakota Codified Laws Title 43, Chapter 32 (Landlord and Tenant).

What To Do if Required Disclosures Are Missing

If your landlord does not provide the required disclosures (such as lead paint warnings), you have rights under state and federal law. You can:

• Ask for written copies of all required lease disclosures
• Withhold signature on the lease until all disclosures are provided
• Consult your local legal aid office or the local Circuit Court for guidance
• Report hazardous conditions (like lead exposure) to the South Dakota Department of Health

It’s always best to keep communication in writing and save copies of all documents for your records.

Frequently Asked Questions (FAQ)

1. Are landlords in South Dakota required to tell tenants about lead-based paint?
   Yes. If your rental unit was built before 1978, federal law requires the landlord to provide a lead-based paint disclosure form and a government brochure explaining the risks.
2. What information about the landlord must be disclosed in the lease?
   The landlord must provide the name and address of the property owner or whoever manages the property (like a property manager or agent).
3. Can landlords charge nonrefundable fees in South Dakota?
   Yes, but only if the lease clearly states the fee is nonrefundable. Otherwise, such fees may need to be returned when the tenant moves out.
4. Where do I go if my landlord will not provide required disclosures?
   Start by making a written request to your landlord. If the issue continues, you can contact your local county courthouse or seek help from a renter legal aid service in your area.

Key Takeaways for South Dakota Renters

• Landlords must provide written disclosures about lead-based paint, owner or agent contacts, nonrefundable fees, and security deposit terms.
• Always review disclosures carefully and save copies for your records.
• Questions about missing disclosures or rental disputes are handled by local Circuit Courts under South Dakota landlord-tenant law.

Need Help? Resources for Renters

• South Dakota Landlord and Tenant Laws (SDCL Title 43, Chapter 32)
• EPA Lead Disclosure Requirements
• South Dakota Department of Health
• Find your local Circuit Court contact information for rental disputes
• Contact South Dakota Emergency Management for urgent housing safety concerns

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1. South Dakota Codified Laws Title 43, Chapter 32
2. EPA Lead Paint Disclosure Rules
3. SDCL § 43-32-6 (Landlord identification)
4. SDCL § 43-32-6.1 (Security deposits)
5. South Dakota Unified Judicial System – Circuit Courts

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