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South Dakota Lease Agreement
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South Dakota at a glance: Security Deposit Limit: 1 month's rent · Deposit Return Deadline: 14 days (no deductions); 45 days (with deductions) · Notice to Terminate Month-to-Month: 30 days
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Overview
Lease Agreements in South Dakota
South Dakota landlord-tenant law is governed by S.D. Codified Laws § 43-32. South Dakota caps security deposits at one month's rent and requires them returned within 14 days (no deductions) or 45 days (with deductions).
South Dakota has no rent control. The eviction process begins with a 3-day notice for non-payment.
Key Facts
South Dakota Lease Agreement — Quick Reference
| Requirement | South Dakota Rule |
|---|---|
| Security Deposit Limit | 1 month's rent |
| Deposit Return Deadline | 14 days (no deductions); 45 days (with deductions) |
| Notice to Terminate Month-to-Month | 30 days |
| Eviction Notice (Non-Payment) | 3-Day Notice |
| Rent Control | None |
| Governing Law | S.D. Codified Laws § 43-32 |
Legal Requirements
South Dakota Legal Requirements
- Security deposit capped at 1 month's rent.
- Deposits must be returned within 14 days (no deductions) or 45 days (with itemized deductions).
- Lead paint disclosure required for pre-1978 properties.
- Landlords must maintain the property in a habitable condition.
Governing Laws
South Dakota Governing Laws
S.D. Codified Laws § 43-32-6.1
Security Deposits
Limits deposits to 1 month's rent. Requires return within 14 days if no deductions or 45 days with itemized deductions.
S.D. Codified Laws § 21-16-1
Eviction Proceedings
Governs South Dakota eviction process, starting with a 3-day notice for non-payment.
Read the full text of these laws at Cornell Law School's South Dakota legal resources or your state legislature's official website.
Questions & Answers
South Dakota Lease Agreement — Frequently Asked Questions
What is South Dakota's security deposit limit?
South Dakota caps deposits at one month's rent. If no deductions are claimed, the deposit must be returned within 14 days. If deductions are made, the landlord has 45 days to return the remainder with an itemized statement.
Does South Dakota have rent control?
No. South Dakota has no statewide or local rent control.
What notice is required for eviction in South Dakota?
For non-payment, South Dakota requires a 3-day written notice to pay or vacate before the landlord may file an eviction action.