Frequently Asked Questions about South Dakota landlord Tenant Law
What is South Dakota landlord tenant law?
The rules concerning the relationship between South Dakota landlords and their tenants are prescribed in South Dakota landlord tenant law . The rights of both parties are explicitly outlined in these codes, so it’d be best if you familiarize yourself with them as much as possible. You can read the original laws here. But if you’d prefer, see below for answers to some of the most popular questions about South Dakota landlord tenant law .
What is a rental agreement?
The rental agreement is the foundation for any landlord-tenant relationship. It should lay out the all of the following terms of the leasing:
• Period of rental;
• Amount of rent due;
• Date that rent will be due;
• Consequences for late payment of rent;
• Security deposit amount;
• Method for reclaiming security deposit;
• Landlord’s duties and responsibilities;
• Pet policy;
• Yard care and house up-keep.;
A rental agreement may be either written or verbal, as South Dakota landlord tenant law respects both. However, since verbal agreements are easy to dispute, it is always better to have your rental agreement in writing. If you cancel your rental agreement, this will need to be done in writing, not verbally.
Can anything be in a rental agreement?
The truth is that South Dakota landlord tenant law actually prohibits many elements from being included in any rental agreement, as they violate an individual’s rights. These include clauses stating:
• That the landlord cannot be responsible for damage or personal injury;
• That the tenant automatically accepts responsibility for all damages to rented property;
• That the landlord can enter the apartment at will without notice;
• That the landlord can evict you without notice;
• That the landlord can take your property for not paying rent;
• That the landlord can keep the security deposit without giving a reason.
What is an application fee?
An application fee is a perfectly acceptable billing concept according to South Dakota landlord tenant law . The payment goes toward the cost of speaking to the tenant’s references. Most fees are fifty dollars or less, but there are no clauses in South Dakota landlord tenant law defining egregious application fees.
What does South Dakota landlord tenant law say about security deposits?
A security deposit is charged to a tenant to compensate the landlord in case the tenant damages their apartment beyond reasonable wear and tear. A tenant does have the right to inspect a premises before paying a security deposit, and then to request a statement concerning the current state of the premises be signed by their landlord.
The typical security deposit is one month’s rent, and South Dakota landlord tenant law forbids larger amounts except in special circumstances, such as when the tenant has a pet.
The landlord may retain the security deposit, but only that portion necessary to repair the tenant’s damage to the premises. Security deposits charged or kept in bad faith are subject to a $200 fine.