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 ends: [__/__/____]. 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: $[____], due on day [____] to [PAYEE] by [METHOD] at [ADDRESS/ACCOUNT]. First partial period: $[____] for [DATES], due [__/__/____]. 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' advance notice and enter at a reasonable time. This is an express contract term. In an emergency, Sublessor may enter as reasonably necessary to protect people or property 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.

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.
• 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: [________________]