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    South Dakota Residential Lease Agreement

    South Dakota caps most security deposits at 1 month's rent (1 exception applies), and requires its return within 21 days after the triggering event.

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    South Dakota lease rules at a glance

    Key South Dakota rules for a residential lease, with the statute behind each
    RuleWhat the law says
    Security deposit cap1 month's rent (with exceptions)SDCL § 43-32-6.1
    Deposit return deadline21 days after the triggering eventSDCL § 43-32-24 (as amended by SL 2026, ch 179), 2026 S.D. Sess. Laws ch. 179 (SB 4), § 1, SDCL § 2-14-16 (acts without an effective-date clause take effect July 1)
    Late feesNo state cap · grace period: no state grace periodSDCL ch. 43-32 (no section limits late fees), SDCL § 43-32-12 (rent due as agreed); ch. 43-32 has no grace period
    Landlord entry notice24 hours' noticeSDCL § 43-32-32
    Ending a month-to-month lease30 days (either side)SDCL § 43-32-15
    Rent increase notice30 days (Month-to-month only; notice must arrive at least 30 days before the end of the month, and the tenant may then terminate effective the first of the next month by giving notice within 15 days)SDCL § 43-32-13
    Rent controlNo statewide rent controlSDCL ch. 43-32, SDCL § 43-32-13
    Eviction notice for unpaid rentNo state ruleSDCL § 21-16-1(4), SDCL § 21-16-2 (repealed), SB 90 (2024), enrolled, SL 2024 ch 75, SDCL § 2-14-16

    South Dakota lease disclosures checklist

    Tell any tenant or prospective tenant if you know methamphetamine was ever manufactured in the unit, and give the federal lead-paint disclosure for pre-1978 housing (SDCL § 43-32-30; 42 U.S.C. § 4852d). (SDCL § 43-32-30)

    • Known prior manufacturing of methamphetamine on the premises (only for the affected unit in multi-unit buildings) — To any tenant or prospective tenant, when the landlord has actual knowledgeSDCL § 43-32-30
    • Lead-based paint disclosure and EPA pamphlet — Housing built before 197842 U.S.C. § 4852d; 40 CFR Part 745 Subpart F

    MakeLease generates a customizable lease; add these South Dakota disclosures and terms.

    Before you sign in South Dakota

    Deposit cap exceptions in South Dakota
    One month's rent; a larger deposit may be agreed when special conditions pose a danger to maintenance of the premises SDCL § 43-32-6.1
    • Landlord and tenant agree to a larger deposit because special conditions pose a danger to maintenance of the premises (e.g., a pet): no cap
    If a deposit is withheld wrongly
    A landlord who misses the deposit rules forfeits the right to keep any of the deposit, and bad-faith retention or failure to give the required statement or accounting adds punitive damages of up to $200 (SDCL § 43-32-24). (SDCL § 43-32-24)
    Deductions from the deposit
    A landlord keeping any of the deposit must give a written statement of the specific reasons within 21 days, and on the tenant's request must provide an itemized accounting within 45 days after the tenancy ends (SDCL § 43-32-24). (SDCL § 43-32-24)
    Interest on the deposit
    South Dakota law does not require landlords to pay interest on security deposits (SDCL §§ 43-32-6.1, 43-32-24, silent). (SDCL ch. 43-32 (§§ 43-32-6.1, 43-32-24 silent on interest))
    Rent control and increases
    South Dakota has no rent control law; the lease chapter (SDCL ch. 43-32) lets landlords change month-to-month terms on 30 days' written notice but sets no limit on the amount of rent. (SDCL ch. 43-32, SDCL § 43-32-13)
    If rent goes unpaid
    Since July 1, 2024, South Dakota law requires no written notice to quit before an eviction for unpaid rent; a landlord may file a forcible entry and detainer action once rent is 3 days past due, unless the lease requires notice (SDCL § 21-16-1(4); SB 90 (2024) repealed § 21-16-2). (SDCL § 21-16-1(4), SDCL § 21-16-2 (repealed), SB 90 (2024), enrolled, SL 2024 ch 75, SDCL § 2-14-16)
    • In effect since .
    • Before : A 3-day written notice to quit was required before filing for nonpayment or holdover (former SDCL § 21-16-2).

    South Dakota lease FAQs

    How much can a landlord charge for a security deposit in South Dakota?

    Landlords may not demand a security deposit above one month's rent unless landlord and tenant agree to more because special conditions pose a danger to maintenance of the premises (SDCL § 43-32-6.1).

    How long does a South Dakota landlord have to return a security deposit?

    Landlords must return the deposit, or give a written statement of the specific reasons for keeping any of it, within 21 days after the tenancy ends and the tenant provides a mailing address or delivery instructions (SDCL § 43-32-24) (SDCL § 43-32-24 (as amended by SL 2026, ch 179)).

    Is there a limit on late fees in South Dakota?

    South Dakota sets no cap on residential late fees; any late fee is whatever the lease provides (SDCL ch. 43-32, silent) (SDCL ch. 43-32 (no section limits late fees)). South Dakota sets no grace period before a late fee may be charged; rent is due when the lease says (SDCL § 43-32-12) (SDCL § 43-32-12 (rent due as agreed); ch. 43-32 has no grace period).

    How much notice must a South Dakota landlord give before entering a rental?

    Give reasonable notice before entering, presumed to be 24 hours in writing listing the date, a business-hours window, the purpose and a way to reschedule, unless there is an emergency (SDCL § 43-32-32).

    How much notice ends a month-to-month tenancy in South Dakota?

    A South Dakota month-to-month tenancy renews automatically unless either party gives notice at least one month before the period ends (SDCL § 43-32-15).

    What disclosures does a South Dakota lease need?

    Tell any tenant or prospective tenant if you know methamphetamine was ever manufactured in the unit, and give the federal lead-paint disclosure for pre-1978 housing (SDCL § 43-32-30; 42 U.S.C. § 4852d). The list covers Known prior manufacturing of methamphetamine on the premises (only for the affected unit in multi-unit buildings) and Lead-based paint disclosure and EPA pamphlet.

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