RESIDENTIAL LEASE AGREEMENT

(South Dakota)

[// GUIDANCE: This template is drafted to comply with South Dakota Landlord-Tenant law (SDCL ch. 43-32) and related procedural statutes. Customize all bracketed terms, confirm local ordinances, and conduct a final jurisdiction-specific review before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Lease of Premises; Term
4. Rent; Additional Charges
5. Security Deposit
6. Use; Occupancy; Pets
7. Maintenance; Repairs; Habitability
8. Utilities & Services
9. Alterations & Improvements
10. Tenant Insurance
11. Landlord Entry
12. Assignment & Subletting
13. Default; Notice; Cure
14. Remedies
15. Risk Allocation
16. Casualty; Condemnation; Force Majeure
17. Governing Law; Forum Selection
18. Dispute Resolution (No Arbitration; Jury Right Preserved)
19. General Provisions
20. Execution Block

1. DOCUMENT HEADER

This RESIDENTIAL LEASE AGREEMENT (this “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [LANDLORD LEGAL NAME], a [ENTITY TYPE & STATE OF FORMATION], having its principal place of business at [LANDLORD ADDRESS] (“Landlord”); and
• [TENANT LEGAL NAME], [INDIVIDUAL / ENTITY TYPE], residing/organized at [TENANT ADDRESS] (“Tenant”).

Landlord and Tenant are sometimes referred to individually as a “Party” and collectively as the “Parties.”

Recitals:
A. Landlord is the fee simple owner of the real property and improvements located at [STREET ADDRESS, UNIT, CITY], South Dakota [ZIP] (the “Premises”).
B. Tenant desires to lease the Premises from Landlord, and Landlord is willing to lease the Premises to Tenant, all upon the terms and subject to the conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree as follows:

2. DEFINITIONS

For ease of reference, the following capitalized terms shall have the meanings set forth below:

“Additional Rent” – Any monetary obligation of Tenant other than Base Rent, including late fees, utility charges, and costs recoverable under this Agreement.

“Base Rent” – The monthly rent specified in Section 4.1.

“Commencement Date” – [COMMENCEMENT DATE].

“Expiration Date” – [EXPIRATION DATE], unless sooner terminated in accordance with this Agreement.

“Lease Term” – The period from the Commencement Date through the Expiration Date (Section 3).

“Premises” – The dwelling unit described in the Document Header, together with all appurtenant rights.

“Security Deposit” – The amount set forth in Section 5, held pursuant to SDCL § 43-32-24.

[// GUIDANCE: Add or delete definitions as needed; maintain alphabetical order.]

3. LEASE OF PREMISES; TERM

3.1 Lease. Landlord hereby leases the Premises to Tenant, and Tenant hereby leases the Premises from Landlord, for the Lease Term.

3.2 Lease Term. The Lease Term shall begin on the Commencement Date and end on the Expiration Date.

3.3 Holdover. If Tenant remains in possession after the Expiration Date without Landlord’s written consent, Tenant shall become a month-to-month tenant, subject to all provisions herein except as to Lease Term, and shall pay holdover rent equal to 150 % of the last monthly Base Rent. Either Party may terminate a month-to-month tenancy upon thirty (30) days’ written notice.

4. RENT; ADDITIONAL CHARGES

4.1 Base Rent. Tenant shall pay Landlord [BASE RENT AMOUNT] dollars ($[___]) on or before the first (1st) day of each calendar month, in advance and without demand, at [PAYEE ADDRESS OR EFT INSTRUCTIONS], or such other place as Landlord may designate in writing.

4.2 Prorated Rent. If the Commencement Date is not the first day of a month, the first month’s Base Rent shall be prorated on a per-diem basis.

4.3 Late Charge. Any Base Rent or Additional Rent not received within five (5) days after due shall accrue a late charge of [LATE FEE AMOUNT OR PERCENTAGE—not to exceed limits of SD law].

4.4 Returned Check Fee. Tenant shall pay $40.00 or the maximum lawful amount, whichever is less, for any dishonored payment instrument, plus all bank charges.

4.5 Application of Payments. Landlord may apply payments received first to outstanding fees, charges, or damages, then to Base Rent.

5. SECURITY DEPOSIT

5.1 Amount; Compliance with SD Law. Upon execution, Tenant shall deposit with Landlord the sum of [SECURITY DEPOSIT AMOUNT] dollars ($[___]) (not exceeding one (1) month’s Base Rent unless special conditions under SDCL § 43-32-24 are documented), to secure the faithful performance of Tenant’s obligations.

5.2 Separate Accounting. The Security Deposit shall be held in a trust account or other lawful manner, separate from Landlord’s operating funds. Interest, if any, shall belong to Landlord unless required otherwise by local ordinance.

5.3 Return & Itemization. Within fourteen (14) days after Tenant surrenders possession, Landlord shall return the Security Deposit or the balance thereof, together with an itemized statement of deductions. If Tenant makes a written request for such statement within forty-five (45) days after tenancy termination, Landlord shall comply as required by SDCL § 43-32-24.

5.4 Permitted Deductions. Landlord may deduct unpaid rent, reasonable cleaning charges, and costs to repair damage beyond ordinary wear and tear.

5.5 Transfer. Upon lawful transfer of the Premises, Landlord shall deliver the Security Deposit to the transferee and provide written notice to Tenant; thereafter Landlord shall be released from liability pertaining to the deposit.

6. USE; OCCUPANCY; PETS

6.1 Residential Use. The Premises shall be used solely for private residential purposes by Tenant and [MAXIMUM OCCUPANTS] lawful occupants listed in Schedule A.

6.2 Prohibited Activities. Tenant shall not (a) engage in unlawful, nuisance, or wasteful activities; (b) store hazardous substances; or (c) conduct business operations from the Premises without Landlord’s prior written consent.

6.3 Pets. No pets shall be kept on the Premises without Landlord’s prior written approval and execution of a Pet Addendum. Service and assistance animals are permitted as required by law.

6.4 Smoking. [SMOKING POLICY—e.g., “Smoking is prohibited in all interior areas.”]

7. MAINTENANCE; REPAIRS; HABITABILITY

7.1 Landlord Obligations. Landlord shall (a) keep the Premises in good repair and fit for human habitation, consistent with SDCL § 43-32-8; (b) maintain heating, plumbing, electrical, and other facilities in safe working order; and (c) comply with all applicable building and housing codes.

7.2 Tenant Obligations. Tenant shall (a) maintain the Premises in a clean, sanitary, and safe condition; (b) promptly notify Landlord of required repairs; (c) be responsible for damage caused by Tenant, occupants, or guests; and (d) dispose of trash properly.

7.3 Repairs by Tenant. Except for emergency mitigation to prevent damage, Tenant shall not perform repairs or alterations without Landlord’s written consent.

7.4 Habitability Remedies. If Landlord materially breaches Section 7.1, Tenant may pursue statutory remedies, including repair and deduct or termination, after providing reasonable written notice and opportunity to cure, pursuant to SDCL § 43-32-9 and related statutes.

8. UTILITIES & SERVICES

Tenant shall timely pay for all utilities serving the Premises except [LIST LANDLORD-PAID UTILITIES]. Non-payment of utility charges shall constitute a material default.

9. ALTERATIONS & IMPROVEMENTS

Tenant shall not make any structural or material alterations, install fixtures, or paint without Landlord’s prior written consent. All improvements shall become Landlord’s property upon installation unless otherwise agreed in writing.

10. TENANT INSURANCE

Tenant shall maintain renters’ liability insurance with minimum limits of $100,000 per occurrence for bodily injury and property damage, naming Landlord as additional insured. Proof of coverage shall be provided prior to occupancy and upon renewal.

11. LANDLORD ENTRY

Landlord may enter the Premises upon at least twenty-four (24) hours’ notice (or immediately in emergencies) to inspect, make repairs, supply services, or show the Premises to prospective purchasers, lenders, or tenants, all in a reasonable manner and during reasonable hours.

12. ASSIGNMENT & SUBLETTING

Tenant shall not assign this Agreement or sublet the Premises, in whole or part, without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion.

13. DEFAULT; NOTICE; CURE

13.1 Tenant Default. The following constitute “Events of Default”:
a. Failure to pay Base Rent or Additional Rent when due;
b. Violation of Sections 6, 7.2, 8, 9, or 12;
c. Material breach of any other covenant herein;
d. Abandonment of the Premises.

13.2 Statutory Notice. For non-payment of rent, Landlord may serve Tenant with a three-day written notice to pay or quit, consistent with SDCL § 43-32-18. For other defaults, Landlord shall provide written notice specifying the breach and allowing seven (7) days to cure unless Statute requires otherwise.

14. REMEDIES

14.1 Eviction. Upon an Event of Default and expiration of applicable notice periods, Landlord may commence an unlawful detainer or other summary eviction proceeding in the state housing court of competent jurisdiction and shall be entitled to immediate possession.

14.2 Damages. Landlord may recover all rent due through the date of possession, future rent accelerated to the extent permitted by law, costs of collection, court costs, and reasonable attorneys’ fees.

14.3 Injunctive Relief. Landlord may seek temporary, preliminary, and/or permanent injunctive relief (including but not limited to eviction orders) to prevent continuing or threatened breaches.

14.4 Cumulative Remedies. The remedies herein are cumulative and in addition to any rights afforded by law or equity.

15. RISK ALLOCATION

15.1 Indemnification by Tenant. Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents from and against all claims, liabilities, damages, and expenses (including attorneys’ fees) arising from (a) Tenant’s use or occupancy of the Premises; (b) any act or omission of Tenant, occupants, or guests; or (c) breach of this Agreement, except to the extent caused by Landlord’s gross negligence or willful misconduct.

15.2 Limitation of Landlord Liability. Landlord’s aggregate liability to Tenant for breach of this Agreement shall in no event exceed the amount of the Security Deposit, except for damages arising from Landlord’s gross negligence, willful misconduct, or statutory liability that cannot be waived.

16. CASUALTY; CONDEMNATION; FORCE MAJEURE

16.1 Casualty. If the Premises are rendered uninhabitable by fire or other casualty not caused by Tenant, rent shall abate proportionally until restoration. Either Party may terminate this Agreement if restoration is reasonably expected to exceed thirty (30) days.

16.2 Condemnation. If all or a substantial portion of the Premises is taken by eminent domain, this Agreement shall terminate as of the date Tenant is required to vacate.

16.3 Force Majeure. Neither Party shall be liable for failure to perform due to events beyond its reasonable control (except Tenant’s rent obligations), including acts of God, war, governmental orders, or pandemics.

17. GOVERNING LAW; FORUM SELECTION

This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to conflict-of-laws principles. Any litigation shall be filed exclusively in the [NAME OF COUNTY] County Housing Court or, if no specialized housing court exists, the state circuit court of competent jurisdiction located therein.

18. DISPUTE RESOLUTION

18.1 Arbitration Excluded. The Parties expressly agree that disputes shall not be subject to private arbitration.

18.2 Jury Trial Right Preserved. Nothing herein shall constitute a waiver of either Party’s constitutional right to a jury trial.

18.3 Mediation (Optional). Either Party may request voluntary, non-binding mediation prior to litigation; participation is encouraged but not mandatory.

19. GENERAL PROVISIONS

19.1 Amendment & Waiver. No amendment or waiver shall be effective unless in writing signed by both Parties.

19.2 Severability. If any provision is held invalid, the remainder shall remain enforceable, and the invalid provision shall be modified to reflect the Parties’ intent within legal limits.

19.3 Entire Agreement. This Agreement, together with any schedules and addenda, constitutes the entire agreement and supersedes all prior representations.

19.4 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each deemed an original, and signatures exchanged electronically shall be binding.

19.5 Successors & Assigns. This Agreement binds and inures to the benefit of the Parties and their respective successors and permitted assigns.

19.6 Notices. All notices shall be in writing and deemed given when delivered personally, by certified mail (return receipt requested), or by a nationally recognized overnight courier, to the addresses set forth at the beginning of this Agreement or as updated by notice.

20. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

[Optional Notary Acknowledgment – South Dakota]
State of South Dakota
County of ____

On this ___ day of _, 20_, before me, the undersigned Notary Public, personally appeared ____, known or proven to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument and acknowledged that he/she/they executed the same.

Notary Public
My Commission Expires: _____

SCHEDULE A – APPROVED OCCUPANTS

[// GUIDANCE: Attach additional schedules or addenda as required (e.g., Lead-Based Paint Disclosure for pre-1978 properties, Pet Addendum, Rules & Regulations).]

© [YEAR] Drafted by [LAW FIRM / ATTORNEY NAME]. All rights reserved.