South Dakota Prohibited Lease Clauses
2 restricted clause typesOur South Dakota law database tracks 2 lease clause types that state law prohibits or restricts (1 illegal, 1 typically unenforceable). Even if you signed a lease containing one, an illegal or unenforceable clause is generally void — you have not waived the underlying right.
Educational information: generated from our South Dakota law database (last updated 2024-01-01). Not legal advice.
Clause types restricted by South Dakota law
Waiver of implied warranty of habitability
Often UnenforceableLegal basis: South Dakota Codified Laws Section 43-32-8
Confession of judgment clause
Likely IllegalLegal basis: South Dakota Codified Laws Section 21-23-3
Frequently asked questions
- 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.
- Is a lease still valid if it contains an illegal clause in South Dakota?
- Usually yes — the offending clause is void or unenforceable, but the rest of the lease typically remains in effect. You generally cannot be held to a clause that violates state law even if you signed it.
- Which law prohibits "waiver of implied warranty of habitability" in South Dakota?
- South Dakota Codified Laws Section 43-32-8.
Check Your Lease Against South Dakota Law
Not sure whether your lease complies with South Dakota law? Upload it and our analyzer flags problem clauses — deposit terms, entry rights, fees and prohibited provisions — using the same statute-backed database this page is generated from.
Analyze My Lease FreeEducational tool — not legal advice. First analysis is free, no signup required.
More South Dakota lease law guides
- South Dakota rental lease laws — overview
- South Dakota security deposit limit
- South Dakota deposit return deadline
- South Dakota deposit interest rules
- South Dakota landlord entry notice
- South Dakota late fee laws
- South Dakota rent grace period
- South Dakota required disclosures
Prohibited Lease Clauses in other states
Educational information generated from state statute data — not legal advice. Consult a licensed attorney in South Dakota for your specific situation.