SOUTH DAKOTA RESIDENTIAL LEASE AGREEMENT

This Residential Lease Agreement (the "Agreement") is entered into as of [[Agreement Date]] by and between [[Landlord Full Legal Name]] ("Landlord"), whose address for notices is [[Landlord Mailing Address, City, South Dakota, ZIP]], and [[Tenant Full Legal Name(s)]] (jointly and severally, "Tenant"). Landlord and Tenant agree as follows.

This Agreement is governed by South Dakota Codified Laws Chapter 43-32 (Landlord and Tenant). The Property is located in South Dakota and all rights and obligations are subject to South Dakota law.

1. Definitions "Premises" means the residential dwelling unit described in Section 2 together with any assigned parking, storage, or furnishings. "Rent" means all periodic rent and other monetary obligations of Tenant under this Agreement. "Lease Term" means the period specified in Section 3. "Security Deposit" means the sum paid under Section 6 and held pursuant to SDCL § 43-32-6.1 and § 43-32-24. "Ordinary Wear and Tear" means deterioration that results from the intended use of the Premises and does not include damage caused by negligence, carelessness, or abuse.

2. Premises; Parking; Storage; Furnishings Landlord leases to Tenant the residential dwelling unit located at:

[[Full Property Street Address, City, South Dakota, ZIP Code]]

(the "Premises").

Assigned parking: [[Assigned Parking Space(s) or "None"]]

Storage: [[Storage Area Description or "None"]]

Furnishings, appliances, and other items included: [[List of Included Furnishings, Appliances, and Fixtures or "See attached Move-In Checklist"]]

Tenant acknowledges having inspected the Premises (or having had the opportunity to inspect) and accepts the Premises in its present condition, subject only to the items noted on the Move-In Inventory and Condition Report attached as Exhibit A, except as otherwise required by law.

The Premises shall be used and occupied solely as a private residence by Tenant and the authorized occupants listed in Section 8. No other use is permitted without Landlord's prior written consent.

3. Term; Possession; Holdover; Month-to-Month 3.1 Lease Term. The Lease Term is [[Lease Term Length e.g. 12 months]], beginning on [[Lease Start Date]] and ending on [[Lease End Date]] (the "Expiration Date"), unless sooner terminated or extended as provided herein.

3.2 Early Possession. If Landlord is unable to deliver possession of the Premises on the Lease Start Date due to causes beyond Landlord's reasonable control, Rent shall abate until possession is delivered. If possession is not delivered within [[Delay Period e.g. 7]] days after the Lease Start Date, Tenant may terminate this Agreement by written notice and receive a full refund of all prepaid sums.

3.3 Holdover. If Tenant remains in possession after the Expiration Date without Landlord's written consent, Tenant shall become a holdover tenant. Holdover rent shall be [[Holdover Rent Amount or Percentage e.g. 150% of Monthly Rent]] per month (prorated daily), and Tenant shall be liable for all actual damages incurred by Landlord.

3.4 Month-to-Month Conversion. If Landlord accepts Rent after the Expiration Date without a new written lease, the tenancy shall convert to a month-to-month tenancy on the same terms and conditions. Either party may terminate a month-to-month tenancy by giving the other party at least 30 days written notice as required by South Dakota law.

4. Rent; Payment Tenant agrees to pay Rent in the amount of [[Monthly Rent Amount]] per month, due and payable in advance on the [[Due Day of Month e.g. 1st]] day of each calendar month during the Lease Term. Rent shall be paid to [[Payee Name or "Landlord"]] at [[Payment Address or Electronic Payment Instructions]] by [[Payment Methods e.g. personal check, cashier's check, electronic funds transfer]] without demand, deduction, or offset.

The first month's Rent shall be prorated on a daily basis if the Lease Term commences on a day other than the first day of the month. Partial payments or late acceptance of Rent shall not constitute a waiver of any default or of Landlord's right to pursue remedies.

5. Late Charges; Returned Payments; Grace Period 5.1 Grace Period. Rent is due on the date specified. Late charges may be assessed only after any grace period stated in this Agreement or required by law.

5.2 Late Charge. If Rent is not received within the applicable grace period, Tenant shall pay a late charge of [[Late Fee Amount or Description e.g. $50 or 5% of monthly rent, whichever is less]]. All late fees must be reasonable and stated in this lease.

5.3 Returned Payment. A fee of [[Returned Payment Fee e.g. $30]] shall be charged for any payment returned for insufficient funds or other reason. After repeated returned payments, Landlord may require future payments in certified funds.

6. Security Deposit 6.1 Amount and Payment. Upon execution of this Agreement, Tenant shall pay a Security Deposit of [[Security Deposit Amount]]. Under SDCL § 43-32-6.1, the security deposit for residential premises may not exceed one month's rent except that a larger deposit may be agreed upon where special conditions pose a danger to maintenance of the Premises (for example, an additional amount for pets). The Security Deposit secures Tenant's faithful performance of all terms of this Agreement.

6.2 Permissible Deductions. The Security Deposit may be applied only to:

1. Unpaid Rent or other funds due to Landlord under this Agreement.

2. Costs to repair damage to the Premises or its contents caused by Tenant, occupants, or guests beyond ordinary wear and tear.

3. Costs to clean the Premises to return it to the move-in condition documented in Exhibit A (ordinary wear and tear excepted).

6.3 Return Deadline and Itemization. Every lessor shall, within two weeks after the termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the security deposit to the tenant, or furnish to the tenant a written statement showing the specific reason for the withholding of the deposit or any portion thereof (SDCL § 43-32-24). Landlord shall provide an itemized statement of any deductions.

Failure by Landlord to comply with the return and statement requirements within the two-week period shall result in forfeiture of Landlord's right to withhold any portion of the deposit.

6.4 No Application to Last Month's Rent. Tenant may not apply the Security Deposit as payment for the last month's Rent unless Landlord consents in writing.

6.5 Forwarding Address. Tenant shall provide Landlord a written forwarding address within a reasonable time after vacating. Failure to provide an address may delay the accounting and return.

7. Utilities and Services Tenant shall be responsible for payment of the following utilities and services: [[List Tenant-Paid Utilities e.g. electricity, gas, water/sewer if separately metered, trash, internet, cable]].

Landlord shall be responsible for: [[List Landlord-Paid e.g. none / trash / water if master metered]].

Tenant shall have all tenant-paid utilities placed in Tenant's name as of the Lease Start Date and shall maintain service throughout the Lease Term. Landlord is not responsible for interruptions of utility service beyond Landlord's reasonable control.

8. Occupants and Guests The Premises shall be occupied only by Tenant and the following additional authorized occupants:

[[Full Names, Ages, and Relationships of Additional Occupants or "None"]]

No other persons may reside at the Premises for a period longer than [[Guest Limit e.g. 14 consecutive days or 30 total days in any calendar year]] without Landlord's prior written consent. Unauthorized occupants constitute a material breach.

9. Use of Premises; Compliance with Law; Nuisance Tenant shall use the Premises solely as a private dwelling. Tenant, occupants, and guests shall:

1. Comply with all present and future laws, ordinances, rules, and orders of any governmental authority.

2. Not create or permit any nuisance, noise, or disturbance that unreasonably interferes with the peaceful enjoyment of neighbors or other tenants.

3. Not engage in or permit any illegal activity on or about the Premises.

4. Not conduct any business or commercial activity requiring customer traffic, signage, or special permits without prior written Landlord consent.

10. Pets and Assistance Animals Pet Policy: [[Pet Policy e.g. No pets allowed without prior written consent and payment of additional pet deposit or rent; see Section 6.1 for larger deposit for special conditions]].

No pet or animal may be kept on the Premises without Landlord's prior written consent, except for a service animal or assistance animal as required by fair housing laws. Tenant is fully responsible for any damage, odor, waste, nuisance, or injury caused by any animal. An additional security deposit amount for pets may be required as permitted by SDCL § 43-32-6.1.

11. Smoking and Vaping Smoking Policy: [[Smoking Policy e.g. No smoking or vaping of any kind inside the Premises or within 25 feet of entrances / Smoking permitted only in designated outdoor areas]].

Tenant shall be responsible for all costs to remediate damage from smoke or vapor, including but not limited to cleaning, painting, and deodorizing beyond ordinary wear and tear.

12. Vehicles and Parking Only currently registered, operable motor vehicles may be parked in assigned spaces. Inoperable, abandoned, or unauthorized vehicles may be towed at the owner's expense after any notice required by law. Tenant shall comply with all posted parking rules and not block access or fire lanes.

13. Landlord's Obligations, Habitability and Maintenance Landlord shall maintain the Premises in a habitable condition as required by South Dakota law, including but not limited to:

1. Compliance with all applicable building, housing, and health codes affecting health and safety.

2. Maintaining structural components, roof, exterior, plumbing, heating, electrical, and HVAC systems in good working order.

3. Keeping common areas clean, safe, and sanitary.

4. Supplying running water, reasonable amounts of hot water, and reasonable heat during the heating season.

5. Maintaining supplied appliances in safe working order.

6. Providing and maintaining functioning smoke detectors and carbon monoxide detectors as required by law.

14. Tenant's Obligations, Care of Premises Tenant shall, at all times:

1. Keep the Premises in a clean, sanitary, and safe condition.

2. Dispose of all garbage, rubbish, and waste in appropriate receptacles.

3. Use all electrical, plumbing, heating, and other systems and appliances in a reasonable and proper manner.

4. Not deliberately or negligently damage, destroy, deface, or remove any part of the Premises or its fixtures or appliances.

5. Promptly notify Landlord in writing of any defective condition, needed repairs, or unsafe situation.

6. Replace HVAC filters, light bulbs, and batteries in smoke/CO detectors as needed.

7. Not permit any guest or occupant to violate these obligations.

8. Maintain any yard, lawn, or landscaping as agreed: [[Yard Maintenance Responsibility e.g. Tenant / Landlord]].

15. Repair Requests and Emergencies Routine repair requests shall be submitted in writing to [[Landlord or Manager Contact Name, Phone, Email, or Portal]].

For life-threatening or urgent safety emergencies (fire, gas leak, major water leak, no heat in winter, etc.), Tenant shall immediately contact emergency services if appropriate and then notify Landlord or the emergency contact: [[Emergency Contact Name and Phone Number]].

16. Landlord's Right of Entry Except in case of an emergency or if it is impracticable to do so, Landlord or Landlord's agent shall give Tenant reasonable notice of Landlord's intent to enter and enter only at reasonable times.

Twenty-four hours written notice is presumed to be a reasonable notice unless alternate methods of notification or times for entry are mutually agreed upon between the Landlord and Tenant in this lease or in writing.

The notice shall specify date or dates of entry, a period of time during normal business hours for entry, and the purpose of intended entry. Tenant may request to reschedule.

Landlord may enter without notice in case of emergency threatening life or property, or if Tenant is absent and Landlord reasonably believes entry is necessary to protect the Premises.

17. Renter's Insurance Tenant is strongly encouraged (and may be required by Landlord) to maintain renter's insurance with personal liability coverage of at least [[Renter's Insurance Minimum e.g. $100000]] throughout the Lease Term. Tenant shall provide proof of insurance upon request. Landlord's insurance does not cover Tenant's personal property or liability.

18. Liability; Indemnity; Waiver of Subrogation Except to the extent caused by Landlord's negligence or violation of law, Tenant assumes responsibility for, and shall indemnify Landlord against, claims arising from Tenant's use of the Premises or the acts of Tenant's occupants and guests.

Each party waives subrogation against the other to the extent of insurance proceeds.

19. Assignment and Subletting Tenant shall not assign this Agreement or sublet all or any part of the Premises without Landlord's prior written consent. Any attempted assignment or sublease without consent shall be void and a material breach. Sublease agreements are governed by the terms of the master lease and South Dakota law; the original Tenant remains fully liable to Landlord for all obligations.

20. Default; Remedies; Termination Tenant is in default if Tenant fails to pay Rent when due or breaches any other term of this Agreement and fails to cure within any period required by law or this Agreement.

Upon default, Landlord may pursue all remedies available under South Dakota law, including service of appropriate notice (such as 3-day notice for nonpayment) and commencement of eviction proceedings (forcible entry and detainer).

Landlord shall not engage in self-help eviction (lockouts, utility shut-offs, or removal of property) except as expressly permitted by law.

After termination, Tenant remains liable for Rent for the balance of the Term, subject to Landlord's duty to mitigate damages by making reasonable efforts to re-rent.

21. Surrender; Move-Out At the end of the tenancy, Tenant shall:

1. Remove all personal property and debris.

2. Return all keys, access devices, and garage openers.

3. Leave the Premises clean and in the move-in condition (ordinary wear and tear excepted).

4. Provide a written forwarding address for the deposit accounting.

5. Complete any required move-out inspection walkthrough if offered.

22. Notices Notices to Tenant may be delivered to the Premises or the address on file. Notices to Landlord shall be sent to the address set forth above or such other address as Landlord designates in writing.

To terminate a month-to-month tenancy, the terminating party shall give at least 30 days written notice.

23. Subordination; Estoppel This Agreement is subordinate to any present or future mortgage on the Premises. Tenant shall, within a reasonable time after request, sign a commercially reasonable estoppel certificate.

24. Waiver; Non-Waiver; Severability No delay or failure to enforce any term is a waiver. A waiver of one breach is not a waiver of any other. If any provision is held invalid, the remaining provisions remain in full force.

25. Entire Agreement; Amendments; Electronic Signatures This Agreement, with the Addenda and Exhibits, is the entire agreement and supersedes prior negotiations. It may be modified only in a writing signed by both parties. It may be executed in counterparts and signed electronically.

26. Governing Law; Venue This Agreement is governed by the laws of the State of South Dakota. Venue lies in the county where the Premises is located.

27. Disclosures - Lead-Based Paint. If the Premises was built before 1978, federal lead-based paint disclosure requirements apply. The required pamphlet and disclosure form are attached or have been provided separately.

• Smoke and Carbon Monoxide Detectors. Landlord has installed and will maintain required smoke and carbon monoxide detectors in accordance with applicable South Dakota law. Tenant shall not disable or remove them and shall immediately notify Landlord of any malfunction.

• Other Required Disclosures: [[Any Additional State or Local Disclosures e.g. radon, flood, sex offender registry information if required]]

28. Addenda and Exhibits The following are attached and incorporated:

• Exhibit A: Move-In Inventory and Condition Report

• Exhibit B: Rules and Regulations (if any)

• Exhibit C: Lead-Based Paint Disclosure and Pamphlet (if pre-1978)

• Exhibit D: Pet Addendum (if applicable)

• Additional: [[Additional Addenda Description or "None"]]

29. Signatures

LANDLORD

Signature: _______________________________ Date: [[Landlord Signature Date]]

Printed Name: [[Landlord Full Legal Name]]

TENANT

Signature: _______________________________ Date: [[Tenant Signature Date]]

Printed Name: [[Tenant Full Legal Name(s)]]

ADDITIONAL TENANT (if applicable)

Signature: _______________________________ Date: [[Additional Tenant Signature Date]]

Printed Name: [[Additional Tenant Full Legal Name]], -

*Template example based on South Dakota Codified Laws Chapter 43-32. Security deposit generally capped at one month's rent (larger amount only for special conditions such as pets per SDCL § 43-32-6.1). Landlord must provide 24 hours' written notice before entry except in emergencies (SDCL § 43-32-32). Security deposit must be returned or itemized statement provided within two weeks after termination (SDCL § 43-32-24). Month-to-month tenancies require 30 days' written notice to terminate. Late fees must be stated in the lease and be reasonable. This is not professional legal advice. Verify all terms against current statutes and consult a licensed South Dakota attorney or real estate professional. Provisions current as of 2026-06. All [[Token Name]] fields must be completed.*