Need a Property Rentals Contract in South Dakota? AroundWire Can Help

In South Dakota, property rental contracts—covering both commercial and residential leases—typically require clear delineation of the rental term, payment schedules, security deposit terms, permitted uses, and maintenance responsibilities. State law (SDCL Title 43, Chapters 32 and 8) sets basic requirements, such as a maximum one-month rent security deposit unless otherwise agreed in writing, and mandates return of deposits within two weeks of lease termination (with itemized deductions if applicable). There is no statewide rent control or mandatory licensing for landlords, but local ordinances may impose additional requirements, especially in larger municipalities. Insurance obligations usually require the landlord to maintain property and liability insurance, while tenants may be required to carry renters’ insurance, particularly in commercial contexts. Risk factors addressed in contracts include indemnification clauses, property damage responsibilities, and clear procedures for default or early termination. Payment terms are generally monthly, with late fees and grace periods specified; electronic payment is increasingly common but not required by law. Dispute resolution in South Dakota favors court proceedings, as alternative dispute resolution clauses (mediation/arbitration) are less commonly mandated but may be negotiated. Contracts must comply with federal Fair Housing laws and state anti-discrimination statutes. It is standard to include provisions addressing property access, subletting restrictions, and compliance with all applicable local codes or zoning regulations.