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South Dakota Rental Lease Laws: What Your Lease Can and Can't Say

Everything below is generated from our South Dakota law database — the same statute-backed rules our analyzer uses to check leases. Prohibited clauses and required disclosures include their statute citations.

Educational information: this page summarizes South Dakota landlord-tenant law for renters. It is not legal advice. Laws change — consult a licensed attorney for your situation.

South Dakota lease rules at a glance

Security deposit limit1 month's rent (annual leases)
Deposit return deadline14 days (statement within 45)
Interest on depositsnot required
Landlord entry notice24 hours typical ("reasonable notice" standard)
Late fee capno statutory percentage cap
Rent grace period3 days
Prohibited lease clauses2 clause types restricted
Required disclosures2 disclosures required

South Dakota lease law guides

Lease clauses restricted under South Dakota law

  • Waiver of implied warranty of habitabilityOften Unenforceable
  • Confession of judgment clauseLikely Illegal

Statute citations and details for every prohibited clause in South Dakota

Disclosures South Dakota landlords must provide

  • Lead Paint
  • Methamphetamine Contamination

What each required disclosure covers in South Dakota, with citations

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South Dakota lease law FAQ

How much can a landlord charge for a security deposit in South Dakota?
South Dakota generally limits security deposits to 1 month's rent (annual leases). Conditions can apply — see the South Dakota security deposit limit guide for details.
How long does a landlord have to return a security deposit in South Dakota?
Generally 14 days (statement within 45) after move-out. Conditions can apply — see the South Dakota deposit return deadline guide for details.
Do landlords have to pay interest on security deposits in South Dakota?
No statewide statute requires it in South Dakota, though local ordinances or your lease can add the obligation. Conditions can apply — see the South Dakota deposit interest rules guide for details.
How much notice does a landlord need to enter my apartment in South Dakota?
South Dakota requires "reasonable notice" rather than a fixed hour minimum — 24 hours is the typical interpretation. Conditions can apply — see the South Dakota landlord entry notice guide for details.
Is there a limit on late fees in South Dakota?
South Dakota sets no fixed percentage cap, but late fees must be reasonable and can be challenged if punitive. Conditions can apply — see the South Dakota late fee laws guide for details.
How many days late can rent be before fees in South Dakota?
South Dakota generally provides a 3-day grace period before late fees. Conditions can apply — see the South Dakota rent grace period guide for details.
What lease clauses are illegal in South Dakota?
South Dakota law restricts 2 clause types tracked in our database, such as: waiver of implied warranty of habitability; confession of judgment clause.
What disclosures must a landlord provide in South Dakota?
South Dakota requires: Lead Paint (Disclosure of known lead-based paint hazards for housing built before 1978); Methamphetamine Contamination (Disclosure if property was used for methamphetamine production).

More renter resources

Sources: state statutes cited above. Data last updated 2024-01-01. Educational information only — not legal advice.