Free South Dakota Lease Agreement Template

Last updated July 17, 2026

Download a free South Dakota lease agreement template

A South Dakota residential lease agreement records the deal between a landlord and tenant for a home in South Dakota. It identifies the parties and premises, sets the rent and term, allocates utilities and maintenance responsibilities, and provides a written place for property rules. The free PDF and Word versions on this page are labeled for South Dakota and are intended as a practical starting document—not a substitute for checking which statutes, disclosures, or local rules apply to a particular property.

The principal research authority for this page is South Dakota Codified Laws chapters 43-32, 43-8, and 21-16. Research scope: Official South Dakota Legislature sources governing lease scope and execution, deposits, premises duties, access, agreement changes, protected tenants, periodic termination, judicial possession, retaliation, and local-law overlays. Because residential rules can depend on property type, tenancy length, location, and regulated-housing status, review the completed agreement and any required addenda before signing.

South Dakota lease topics to review

The current research draft for South Dakota identifies the following topics as relevant to residential lease preparation. Use them as a checklist, and verify each rule's scope, current text, and exceptions before adding a term to the lease.

• South Dakota defines leasing as a contract giving temporary possession for reward and requires separate review of specially regulated housing.
• South Dakota requires advance written notice of a landlord's month-to-month term change and gives the tenant a limited responsive termination right.
• South Dakota generally caps a residential security deposit at one month's rent, with a narrow mutual-agreement exception for special maintenance risks.
• South Dakota makes core residential premises duties nonwaivable while allowing a limited specified-work-in-lieu-of-rent agreement.
• Effective July 1, 2026, South Dakota uses a 21-day deposit return-or-reason deadline and, upon request, a 45-day-after-termination itemization deadline.
• South Dakota provides notice-based repair remedies and a controlled separate-account withholding process for repairs costing more than one month's rent.
• South Dakota requires a lease longer than one year to be written and signed by the lessor or a properly authorized agent.
• South Dakota's premises-duty statute incorporates applicable law and ordinance, requiring a property-specific local overlay review.

The final lease should not waive protections that cannot lawfully be waived. If a selected term conflicts with a controlling statute, official form, court order, housing-program rule, or local ordinance, the controlling rule applies even when the parties signed different language.

What to include in a South Dakota residential lease

• Landlord, tenant, and premises details — use the parties' full legal names, the complete South Dakota property address, and a clear description of included parking, storage, furnishings, or shared spaces.
• Term and rent — state whether the tenancy is fixed-term or periodic, when it begins, when rent is due, accepted payment methods, and what happens at the end of the stated term.
• Deposits and charges — identify each deposit, prepaid amount, fee, and late-payment term separately so it can be compared with the current South Dakota rule that applies to the property.
• Utilities, maintenance, and access — allocate day-to-day responsibilities without attempting to transfer a nonwaivable landlord or tenant duty.
• Rules and addenda — document pets, smoking, parking, guests, insurance, association rules, and any federal, state, local, or property-specific disclosure that applies.
• Notices and signatures — provide reliable notice addresses and retain a complete signed copy for every party.

State and local checks before signing

South Dakota's premises-duty statute incorporates applicable law and ordinance, requiring a property-specific local overlay review. Confirm the property address and the current local text before signing.

Federal requirements can also apply. For example, most pre-1978 housing requires the federal lead-based-paint disclosure process. Manufactured housing, short-term occupancy, owner-occupied rooms, subsidized housing, and rent-regulated property may follow a different legal path from an ordinary residential lease.

Use the official source linked below to confirm the current statewide text. For a disputed tenancy, an eviction or termination, unusual fees, regulated housing, or a property in a city with additional renter protections, obtain advice about the specific facts before relying on a template.

How to use the free South Dakota template

1. Download the South Dakota PDF when you want a printable blank, or the Word file when you want to edit the text electronically.
2. Complete the parties, property, rent, term, deposit, utilities, maintenance, access, and notice fields.
3. Attach the disclosures and property-specific addenda that actually apply.
4. Compare the completed document with the current official source and local requirements.
5. Give every party the same final version to review before anyone signs, then retain the fully executed copy.

The guided builder is available when you prefer questions and a generated preview. Whether you use the free template or the builder, confirm the final agreement against the property and the parties' actual arrangement.