Required Information in a South Dakota Lease Agreement

Signing a rental lease can feel stressful, especially if you’re worried about what terms or requirements may be missing. If you’re renting in South Dakota, state law explains exactly what must be included in every residential lease agreement to protect both tenants and landlords. This article provides renters with a clear overview to help you feel confident before you sign.

Essential Components of a South Dakota Lease Agreement

The lease (also called a rental agreement) is a written contract between the renter and landlord. According to South Dakota law, a residential lease must include certain basic information. Below are the standard elements you should expect:

• Names of all parties: Both the landlord and tenant names must be listed clearly.
• Property address: The complete address of the rental property.
• Lease term: Start and end dates for the tenancy, or a clear statement if it’s a month-to-month agreement.
• Amount of rent and due date: The rent amount, payment schedule (monthly, weekly), and where/how to pay.
• Security deposit amount and terms: Including the maximum allowed by law (South Dakota Codified Laws § 43-32-6.1), any conditions for deductions, and when deposits will be returned after move-out.
• List of occupants: Names or number of people allowed to reside in the unit.
• Maintenance responsibilities: Who is responsible for repairs and upkeep.
• Entry notice: The policy for landlord entry, usually requiring "proper notice" per § 43-32-32.
• Signature and date: Space for both landlord and tenant to sign and date the agreement.

Including these details ensures your lease abides by state law and that your rights are clearly defined.

Required Disclosures

South Dakota requires landlords to provide certain disclosures in writing as part of the lease or separately:

• Lead-based paint disclosure: For housing built before 1978, landlords must include a federal lead paint warning notice. Find the official form here: Lead-Based Paint Disclosure Form. Renters should ask for this if not provided.
• Identity of owner/landlord: The lease must name the person or entity authorized to manage the property and receive notices, rent, or legal papers (§ 43-32-6).
• Notice about nonrefundable fees: Any part of the deposit or fee that is nonrefundable must be stated in the lease.

If any required information or official form is missing, ask the landlord to provide it before signing.

Official Forms Renters Should Know

• Lead-Based Paint Disclosure Form (EPA/HUD)
  When to use: Must be provided and signed whenever renting housing built before 1978.
  Example: If you’re considering a lease for an older duplex, ask to review and sign this form.
  View and download the official Lead-Based Paint Disclosure Form

While South Dakota does not require a specific state-wide lease agreement form, the state does provide guidance about legal notices, including eviction. Rental forms for notices (such as the Notice to Quit or Vacate) are referenced in the statutes, but individual landlords usually draft leases, provided they comply with South Dakota residential landlord-tenant law.

Who Oversees South Dakota Rental Disputes?

If you have issues with your lease agreement or need to resolve a rental dispute in South Dakota, you may consult the Small Claims division of the South Dakota Unified Judicial System, which handles many tenancy conflicts. For general housing issues, you can also contact the South Dakota Department of Social Services.

The South Dakota Codified Laws §§ 43-32 govern all tenant-landlord agreements in the state. By reading your lease carefully and ensuring all legal information is present, you help protect your tenant rights.

FAQ: South Dakota Lease Agreement Requirements

1. What happens if my lease is missing required information?
   Your lease may still be valid, but missing information—like the landlord’s name or deposit terms—can make enforcement difficult if there is a dispute. Always request missing items in writing.
2. Is a written lease required in South Dakota?
   No, oral leases are allowed for terms less than one year. However, a written lease provides much better protection and clarity for renters.
3. How much can a landlord charge as a security deposit?
   Landlords can charge up to one month's rent as a security deposit, unless there are special circumstances—learn more via SDCL § 43-32-6.1.
4. Do I need renters insurance in South Dakota?
   It’s not required by state law, but your landlord may require it in the lease. Insurance protects your belongings in case of damage or theft.
5. Where can I find sample lease agreements or legal forms?
   The South Dakota Unified Judicial System Legal Self-Help Center provides access to court-approved forms and guidance.

Conclusion: Key Takeaways for Renters

• Your lease must include all essential terms—names, address, rent, deposit, and responsibilities.
• Official disclosures (like lead paint warnings) are required by law in certain cases.
• Consult the South Dakota Unified Judicial System or Department of Social Services if you have concerns.

Knowing what must be included in a lease helps ensure your rights are protected and gives you more peace of mind throughout your tenancy.

Need Help? Resources for Renters

• South Dakota Unified Judicial System – Legal Self-Help Center for forms and tenancy dispute information
• South Dakota Department of Social Services for housing programs and support
• HUD South Dakota Renters Resources for federal tenant rights and fair housing info

---

1. South Dakota Codified Laws – Chapter 43-32: Landlord and Tenant
2. South Dakota Unified Judicial System – Small Claims Division
3. EPA – Lead-Based Paint Disclosure Rule
4. South Dakota Department of Social Services

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations