Landlords’ Guide to South Dakota Lease Agreements

Are you a South Dakota landlord? Unsure about your rights and obligations when it comes to lease agreements?

Look no further! This guide has got you covered. From lead-based paint hazards to security deposits and tenant screening, we’ll provide you with all the information you need.

Understand the legal requirements, clarify rent and fees, delve into security deposits, and learn about fair housing protections.

Stay informed and navigate your South Dakota lease agreement with confidence.

Lead-Based Paint and Methamphetamine Contamination

When leasing a property in South Dakota, it’s essential for landlords to disclose any past use of methamphetamine production or the presence of lead-based paint to current and prospective tenants. According to the South Dakota rental agreement and lease agreement, landlords must provide this information to ensure the safety and well-being of their tenants.

This disclosure is required by law to protect tenants from potential health hazards associated with methamphetamine contamination or lead-based paint. By disclosing this information, landlords are fulfilling their legal obligations and promoting transparency in the rental process.

It’s crucial for landlords to prioritize the health and safety of their tenants by providing accurate and thorough information regarding any past methamphetamine production or the presence of lead-based paint in the property.

Rent and Fees

To ensure a smooth rental process in South Dakota, landlords should be familiar with the regulations and guidelines regarding rent and fees. Rent is typically due at the end of each month, unless specified otherwise in the lease. Unlike some states, South Dakota doesn’t regulate rental application fees. Rent control is also banned in the state.

Additionally, there’s no statutory limit on late fee amounts, and there’s no mandatory grace period for paying rent in South Dakota. It’s important for landlords to be aware of these rules and communicate them clearly to tenants to avoid any misunderstandings or disputes.

Security Deposits

To ensure a smooth rental process in South Dakota, landlords should understand the regulations and guidelines regarding security deposits.

In South Dakota, the deposit limit is one month’s rent, unless special conditions pose additional danger to the maintenance of the premises.

Landlords aren’t required to pay interest on security deposits and aren’t obligated to keep them in a separate bank account. However, landlords must return the deposit within two weeks.

They may withhold funds from the security deposit for unpaid rent, other fees owed to the landlord per the lease, or repairs to restore the premises.

It’s important for landlords to be aware of these rules to properly handle security deposits and maintain a positive landlord-tenant relationship.

Tenant Screening and Fair Housing Protections

Regularly screen tenants and ensure compliance with fair housing laws by following these guidelines in South Dakota.

Federal law prohibits discrimination in housing based on race, color, religion, gender, national origin, familial status, and disability. South Dakota state law adds creed, ancestry, and pregnancy to the protected classes.

When using credit reports for tenant screening, landlords in South Dakota must comply with the federal Fair Credit Reporting Act (FCRA).

Criminal background checks may also be used during tenant screening, but landlords should follow HUD recommendations for using them fairly.

It’s important for landlords to be aware of these laws and guidelines to ensure a fair and unbiased tenant screening process and to avoid any potential legal issues.


So there you have it, landlords in South Dakota! This comprehensive guide has provided you with the necessary information on lead-based paint hazards, methamphetamine contamination, rent and fees, security deposits, and tenant screening.

By understanding your rights and obligations, you can confidently navigate the world of lease agreements. Remember to stay informed and subscribe to newsletters to stay up-to-date on any changes in regulations.

Good luck in your landlord journey!

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