What types of rental accommodations are covered by legislation governing residential tenancies in South Dakota?
South Dakota landlord tenant law governs residential tenancies, including houses, apartments, suites, and similar arrangements.
Is it necessary to have a written lease or rental agreement under South Dakota law?
If the agreement is written, it is generally referred to as a lease. An oral agreement is called a rental agreement. Whether the agreement is in writing or oral does not matter, it is still legally binding on the parties.
What about a signed move-in move-out inspection report?
A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.
Can the landlord charge a deposit?
The landlord can change a security deposit, not to exceed 1 month's rent, unless special conditions exist which "pose a danger to maintenance of the premises", such as a tenant having a pet. In these circumstances, the landlord can require additional deposit money.
When the tenant moves out, the landlord must either return the deposit or provide a written statement setting out the details of any deductions, all within 2 weeks after the termination of the tenancy and the landlord's receipt of the tenant's mailing address or delivery instructions for return of the deposit. The security deposit can only be used to cover outstanding rent or to restore the premises to their condition at the beginning of the tenancy, except for normal wear and tear.
When is the landlord allowed to increase the rent?
The landlord is allowed to raise the rent or change other conditions of the rental agreement by giving the tenant 30 days written notice. However, the tenant may then terminate the lease on the first day of the next month by giving notice to the landlord within 15 days of receipt of the landlord's notice.
How can a lease be terminated?
A written lease specifies an expiry date on which the agreement terminates, and generally cannot be terminated prior to the expiry date unless the parties agree. If there is no written lease, the rental period is determined by how often the rent is paid. If rent is paid every month, the tenancy is month-to-month. This means that either party must give the other party 1 month's notice before ending the agreement. If the rent is paid weekly, the notice period is 1 week.
When is the landlord permitted to enter the premises?
The tenant has the right to possession and "quiet enjoyment" of the property s/he is renting. The landlord has the right to make reasonable inspections and repairs, but only with prior notice to the tenant and at reasonable times.
On what grounds can a landlord evict a tenant?
The landlord can evict a tenant for several reasons, such as non-payment of rent, damage to the premises, violation of the terms of the rental agreement, or remaining on the property after the expiration of the rental agreement. The landlord must give the tenant proper notice as prescribed by State law, and if the tenant does not move or cure the problem within the allotted time, the landlord can commence a forcible entry and detainer action (eviction).
A landlord may not cut off utilities or necessary services, lock a tenant out or otherwise try to take possession of the premises by any means other than through the courts.
A landlord cannot increase rent, threaten eviction, cut off or reduce services as retaliation against a tenant for complaining to the landlord or to a government agency with respect to the condition of the premises, for organizing or joining a tenants' association, or otherwise availing him/herself of any other lawful rights and remedies.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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