Residential Sublease Agreement - South Dakota

Residential Sublease Agreement — South Dakota

Before you use this: Attach the complete master lease and document any authorization it or a housing program requires. Complete the rental dates, deposit, and notice addresses; attach applicable federal and local disclosures.

This Agreement is made on [__/__/____] between [PRIMARY TENANT FULL NAME] (“Sublessor”) and [SUBTENANT FULL NAME] (“Subtenant”). The owner or primary landlord is [NAME] (“Primary Landlord”).

1. Premises, master lease, and authorization

Address: [STREET, UNIT, CITY, SOUTH DAKOTA ZIP]. Space: ☐ Entire dwelling ☐ [ROOM/AREA] with shared use of [COMMON AREAS]. Master lease dated: [__/__/____]. Master lease term: ☐ Fixed through [__/__/____] ☐ Month to month. The complete master lease, amendments, and rules are attached as Exhibit A and delivered to Subtenant.

Master-lease subletting provision: [SECTION AND TERMS / NONE]. Authorization: ☐ Exhibit A permits this sublease without further consent. ☐ Primary Landlord's written consent is attached as Exhibit B or signed below. ☐ Required housing-program authorization is attached as Exhibit B. Subtenant will not occupy before required authorization is documented. Sublessor remains responsible under the master lease and cannot grant a greater or longer right than Sublessor holds.

2. Fixed term, rent, and services

This sublease begins [__/__/____] and ends [__/__/____], no later than the lawful end of the master lease. An extension requires a signed writing and any required Primary Landlord authorization. If Subtenant stays after expiration and Sublessor accepts rent, South Dakota law may presume a renewal on the same terms for the same period, up to one year; no clause here authorizes occupancy beyond Sublessor's lawful master-lease rights.

Monthly rent: $[____] for each full rental month beginning on day [1-28] and ending the day before the next such date, due at the start of that period to [PAYEE] by [METHOD] at [ADDRESS/ACCOUNT]. First full rental month, if any: [START DATE THROUGH END DATE / NONE], at the monthly rent stated above, due [__/__/____ / NONE] (that period's starting date). Complete the schedule for any initial or final partial rental month; write "none" where a period does not apply. If the whole term fits within one partial rental month, complete the initial row and mark the final row and first full month "none." Each partial amount replaces monthly rent for its covered dates; do not charge the same dates twice.

Credit rent already paid for the initial or final covered dates against the completed amount for those dates. Sublessor will return any excess prepaid rent within 15 days after this sublease lawfully ends. This rent settlement is separate from the deposit accounting in Section 3 and does not release Sublessor from the master lease.

Late fee: ☐ None ☐ $[____] if rent remains unpaid [____] days after due; an incomplete amount or trigger means no fee is agreed. Utilities/services paid by Sublessor: [LIST]. Paid by Subtenant: [LIST AND ALLOCATION].

3. Security deposit and accounting

Subtenant pays a refundable security deposit of $[____ / ZERO], no more than one month's rent. No larger special-condition deposit is collected. Sublessor may withhold only amounts reasonably necessary for unpaid rent or other funds due under this Agreement and to restore the premises to their move-in condition, ordinary wear and tear excepted.

Within 21 days after both tenancy termination and receipt of Subtenant's mailing address or delivery instructions, Sublessor will return the deposit or provide a written statement stating each specific reason for any withholding. On Subtenant's request, Sublessor will provide an itemized accounting of withheld amounts within 45 days after termination. Mailing address or delivery instructions: [DETAILS / TO BE PROVIDED].

4. Occupancy, repairs, and entry

Permitted occupants: [NAMES]. Pets: [TERMS / NONE]. Parking/storage: [TERMS / NONE]. Attached rules: [IDENTIFY / NONE]. Subtenant will keep the dwelling reasonably clean, promptly report repairs, and avoid damage beyond ordinary wear. Sublessor will keep the dwelling and common areas in reasonable repair and fit for human habitation as S.D. Codified Laws § 43-32-8 requires, coordinating work that requires Primary Landlord's action. Sublessor's additional service commitments: [DETAILS].

For planned inspection, repair, service, or showing, Sublessor will give at least 24 hours' written notice and enter at a reasonable time. The notice will state the date or dates, a normal-business-hours entry window, the purpose, and how Subtenant may request rescheduling, as S.D. Codified Laws § 43-32-32 requires. In an emergency or when notice is impracticable, Sublessor may enter as reasonably necessary and will notify Subtenant as soon as practicable afterward. Entry will not be used to harass Subtenant.

5. Notices, surrender, and exhibits

Sublessor notice and repair address/phone: [DETAILS]. Subtenant notice address/phone: [DETAILS]. Contract notices will be written and delivered by [METHOD] subject to applicable law. A qualified tenant may use the separate protected early-termination route in S.D. Codified Laws § 43-32-19.1 with the required written notice and documentation; this Agreement does not waive that right.

Known prior methamphetamine manufacturing (§ 43-32-30): Before Subtenant becomes a lessee, Sublessor states whether Sublessor has actual knowledge of prior methamphetamine manufacturing in this dwelling. For a multiunit property, this disclosure concerns the affected unit. ☐ Sublessor has actual knowledge; disclose what is known: [________________________________]. ☐ Sublessor has no actual knowledge.

At the lawful end of possession, Subtenant will vacate, remove personal property, return keys to [PERSON], leave the dwelling reasonably clean subject to ordinary wear, and provide mailing or delivery instructions for the deposit. A default or possession action follows lawful process.

• Exhibit A: Complete master lease, amendments, and rules: ☐ Attached and delivered.
• Exhibit B: Primary Landlord and any program authorization: ☐ Attached ☐ Signed below.
• Exhibit C: Completed, separately signed federal lead disclosure, when the subtenancy is covered: ☐ Attached ☐ Exempt as recorded below.
• Other applicable federal, local, or program disclosures: [LIST / NONE APPLICABLE].

6. Agreement and signatures

South Dakota law governs. No term waives a nonwaivable right. An unenforceable term does not cancel the remaining lawful terms. Changes require a writing signed by both parties and any required consenting person. Each party receives a signed copy.

Sublessor: [SIGNATURE] Date: [__/__/____] Printed name: [________________]

Subtenant: [SIGNATURE] Date: [__/__/____] Printed name: [________________]

Primary Landlord authorization, if required: I authorize this specific sublease; this signature alone does not release Sublessor from the master lease.

Primary Landlord/agent: [SIGNATURE] Date: [__/__/____] Printed name/capacity: [________________]

Exhibit C — Lead-based paint disclosure for covered pre-1978 housing

Construction year: [____]. Complete and sign this exhibit for a covered sublease of housing built before 1978. A rental of an individual room can be a 0-bedroom dwelling exempt under 40 C.F.R. § 745.103 only if its living area is not separated from its sleeping area and no child under six resides or is expected to reside there. Other exemptions require their own facts under § 745.101. Exemption, if claimed, and facts: [________________________________ / NONE]. For a covered transaction, Sublessor gives Subtenant the EPA-approved lead hazard pamphlet and all available lead records or reports before Subtenant is obligated.

Lead Warning Statement (40 C.F.R. § 745.113(b)(1)):

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.

Sublessor's disclosure: ☐ Sublessor knows of lead-based paint or lead-based paint hazards in the dwelling. State the location, painted-surface condition, and basis for knowledge: [________________________________]. ☐ Sublessor has no knowledge of lead-based paint or lead-based paint hazards in the dwelling.

Records and reports: ☐ Sublessor provided copies of all available lead records or reports, listed here: [________________________________]. ☐ Sublessor has no such records or reports.

Subtenant's acknowledgment: Subtenant acknowledges receipt of the disclosure, identified records and reports (if any), and the EPA-approved lead hazard pamphlet.

Participating agent's acknowledgment: Agent has informed Sublessor of Sublessor's obligations under 42 U.S.C. § 4852d and is aware of Agent's duty to ensure compliance with the federal disclosure rule. ☐ No agent participates.

The signers certify that their statements in this exhibit are accurate to the best of their knowledge.

Sublessor: [SIGNATURE] Date: [__/__/____]

Subtenant: [SIGNATURE] Date: [__/__/____]

Agent, if any: [SIGNATURE] Date: [__/__/____]