South Dakota Residential Lease Agreement
What South Dakota law requires in a residential lease — the deposit cap, the return deadline, the notice to end a month-to-month tenancy, and the disclosures you have to give the tenant. Every figure is cited to the statute it comes from and dated. The free South Dakota lease template is one click away.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Other South Dakota rules your lease has to live with
Beyond the deposit, South Dakota law sets rules on entry, late fees, and repairs that apply whether or not the lease mentions them.
- Landlord entry. South Dakota requires at least 24 hours’ notice before a non-emergency entry. — SDCL § 43-32-32 (SL 2014, ch 191) ↗
- Rent increases. Month-to-month: landlord may modify lease terms (incl. rent) with at least 30 days' written notice before the end of the month; tenant may terminate within 15 days of receipt. — SDCL § 43-32-13 (SL 1980, ch 298) ↗
- Repair and deduct. Permitted: after notice and reasonable time, lessee may repair and deduct expense from rent; if cost exceeds one month's rent, rent may be withheld into a separate account after written notice. — SDCL § 43-32-9 (SL 1976, ch 267) ↗
- Habitability. South Dakota law implies a warranty of habitability into every residential lease; a clause waiving it is unenforceable. — SDCL § 43-32-8 (SL 1976, ch 267) ↗
Each point links to the South Dakota source it was taken from. Rules change; confirm before relying on them.
What South Dakota law requires · as of 2026
- Max security deposit
- 1 month's rent
- Deposit return deadline
- 14 days after move-out
- Notice to end month-to-month
- 30 days
Source: S.D. Codified Laws §43-32-6.1 & §43-32-24 · verify ↗. Laws change — confirm the current rule before you rely on it.
Deposit still not back 14 days after move-out? Ask for it in writing with a South Dakota security deposit demand letter; if that doesn’t work, the usual next step is South Dakota small claims court.
Need the document itself?
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Required disclosures in South Dakota
What South Dakota law says a residential landlord has to tell the tenant, each with the statute it comes from. Federal rules and some city ordinances can add more.
Prior methamphetamine manufacturing
Lessor with actual knowledge of prior methamphetamine manufacturing on the premises must disclose it to any lessee or prospective lessee (per unit in multi-unit buildings).
Frequently asked questions
How much security deposit can a landlord charge in South Dakota?
In South Dakota, the security deposit is limited to 1 month's rent, and it must be returned within 14 days after move-out (as of 2026). Source: S.D. Codified Laws §43-32-6.1 & §43-32-24. Confirm the current rule before you sign.
Is this lease valid in South Dakota?
A written lease that identifies the parties, the property, the term, and the rent is generally enforceable in South Dakota once both sides sign. What it cannot do is contract around South Dakota law: the deposit rules, entry notice, and habitability duties below apply whether or not the lease mentions them.
How much notice must a landlord give before entering a rental in South Dakota?
South Dakota requires at least 24 hours' notice for a non-emergency entry. Source: SDCL § 43-32-32 (SL 2014, ch 191).
Can a tenant repair and deduct rent in South Dakota?
Permitted: after notice and reasonable time, lessee may repair and deduct expense from rent; if cost exceeds one month's rent, rent may be withheld into a separate account after written notice. Source: SDCL § 43-32-9 (SL 1976, ch 267).
What does a landlord have to disclose in South Dakota?
Under South Dakota law: Prior methamphetamine manufacturing (SDCL § 43-32-30 (SL 2004, ch 272)). Federal and local rules can add more; each item on this page links to the law it comes from.
How does South Dakota compare? See the security deposit limits in all 50 states, every figure cited to statute.
How South Dakota compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for South Dakota: S.D. Codified Laws §43-32-6.1 & §43-32-24 ↗.
- South Dakota is one of 29 of 51 jurisdictions that cap the deposit by statute (22 set no statutory cap on the security deposit).
- Deposit return deadline
Deposit return deadline: 14 days — well under the national median of 30 days across the 51 states with a statutory rule.
This is the most common figure nationally — shared by 6 other states.
Deposit return deadline in neighboring states — Iowa (30 days), Minnesota (21 days), Montana (30 days), Nebraska (14 days), North Dakota (30 days), Wyoming (30 days).
- Notice to end a month-to-month tenancy
Notice to end a month-to-month tenancy: 30 days, exactly the national median.
This is the most common figure nationally — shared by 39 other states.
Notice to end a month-to-month tenancy in neighboring states — Iowa (30 days), Minnesota (30 days), Montana (30 days), Nebraska (30 days), North Dakota (30 days), Wyoming (no statutory rule). Every neighboring state with a rule matches South Dakota.
The rest of what South Dakota requires
The figures below are South Dakota's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full South Dakota page for that document.
- Small claims limit · as of 2026
- $12,000 SDCL 16-12C-13 (jurisdictional limit); SDCL ch. 15-39 (small claims procedure) ↗
- Where you file · as of 2026
- Small claims procedure in Magistrate Court / Circuit Court (SD Unified Judicial System) · filing fee $24.84 to $42.84 all-in by claim size per the official UJS schedule: up to $100 = $24.84; $100.01-$1,000 = $30.84; $1,000.01-$3,999.99 = $40.84; $4,000-$12,000 = $42.84; add $11.84 per additional defendant (totals include certified-mail service). SDCL 16-12C-13 (jurisdictional limit); SDCL ch. 15-39 (small claims procedure) ↗
- Rental application fee · as of July 2026
- No statutory limit South Dakota Codified Laws ↗
- Bill of sale notarization · as of 2026
- Not required South Dakota DMV (Form MV-016) ↗
- Power of attorney signing · as of 2026
- Notarization required S.D. Codified Laws §59-12-4 (form §59-12-41) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules SDCL §§ 47-34A-101(14), 47-34A-103 ↗
- Recording a deed · as of 2026
- County Register of Deeds (SDCL 43-28-1 — 'must be recorded by the register of deeds of the county in which the real property... is situated') · no witnesses SDCL 43-25-26 ↗
Lease agreement in other states
More South Dakota legal forms
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