South Dakota Lease Agreement: What to Include
June 30, 2025A South Dakota residential lease should reflect the state's specific rules on security deposits, entry notice, late fees, and disclosures — a generic template often misses the details below.
Security deposit
Security deposit limit: 1 month rent unless special conditions justify more. Interest requirement: No. Deposits are generally expected back within 14; 45 if tenant requests itemization of move-out, with an itemized list of any deductions.
Entry notice and late fees
Entry notice: 24 hours. Late fees: No statewide fixed cap; should be reasonable and stated in lease. Rent increase notice for month-to-month tenancies: 30 days.
Required disclosures
A South Dakota lease should include or accompany:
- • Federal lead-based paint
- • property-specific disclosures
Eviction notice
For nonpayment of rent, South Dakota generally requires: 3 days. Confirm the current specific requirement before relying on it for an actual notice.
The bottom line
See LeasePilot HQ's full South Dakota landlord-tenant law summary for the complete breakdown with sources, or generate a lease with South Dakota-specific clauses built in automatically.
Frequently Asked Questions
How much can I charge as a security deposit in South Dakota?
1 month rent unless special conditions justify more. Confirm current specifics before setting a deposit amount.
How much notice do I need to evict a tenant for nonpayment in South Dakota?
3 days. Notice requirements can change, so confirm the current statute before filing.
What disclosures does South Dakota require in a lease?
At minimum: Federal lead-based paint, property-specific disclosures. Requirements can be added by local ordinance on top of state law, so check your specific city or county as well.