South Dakota Lease
South Dakota Lease FormsSouth Dakota Lease forms are used for renting to tenants in South Dakota. The South Dakota lease agreement is the most common type of lease form and can be used for leasing rental property over a fixed period. For "tenancies at will" that can be terminated at any time by the landlord or the tenant, you should use the South Dakota rental agreement instead. Other similar forms include the South Dakota Residential Lease and the South Dakota Apartment Lease. Download the free sample South Dakota rental lease forms below and be sure to let us know what you think! |
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South Dakota Leases VS Tenancy AgreementsA signed written lease agreement is a legal and binding document which can be used in a court of law. Tenants who don't have a written South Dakota lease contract ("tenancies at will", weekly and monthly rentals, etc...) are governed and protected by South Dakota state law, which always takes precedent over any other existing agreement, written or unwritten. In other words, all tenants are entitled to natural rights granted by the state of South Dakota, even if they have signed them away in their lease contract. So of course it is always a good idea to clearly specify the terms of your tenancy agreement in a written contract to work in your favor, but it is equally just as important to make sure your lease contract abides by the tenant laws in South Dakota. Many South Dakota property management companies have gone through the eviction process in South Dakota and would agree that a well written tenancy agreement is the best way to protect yourself from future headaches in court (see South Dakota Eviction Notice). Below you can see examples of different South Dakota lease forms that have been tailored to fit specific needs: |
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South Dakota Lease Contracts - What should I know?In the absence of a written lease agreement, South Dakota law requires landlords and property management companies to terminate the tenancy by providing tenants with a notice to vacate LLNOTIFY. A written lease contract may explicitly state different terms, but only as long as they do not conflict with South Dakota law. For example, the notice period can be increased to 90 days to benefit both parties (tenant would have 90 days to find a new place after receiving the South Dakota Notice to Vacate and landlord would have 90 days to find a new replacement tenant after receiving notice) - but it cannot be decreased beyond the minimum required by state law. So even if both parties agreed to change the notice period to 1 week (which would allow the tenant to move faster and the landlord to raise the rent faster, etc...), these terms will not be enforced in court because they conflict with South Dakota tenant rights. |
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South Dakota Leases - What should I do next?The process of leasing your property begins with getting your prospective tenants to fill out the South Dakota rental application. Once you have conducted a background check and decided on the tenant, then you are ready to sign a lease contract. If you need help managing your leases or tracking rental payments, you should consider using property management software to make things easy. In addition generating monthly owner statements and collecting rent online, many property managers in South Dakota use Simplify'em for property management because it makes it easy to maintain a tenant payment history and stay on top of rent balances. If a tenant ever violates the lease agreement by not paying rent on time, you should use the South Dakota Notice to Quit to inform the tenant to quit the lease and vacate the premises if they cannot remedy the issue within the specified time period. Get started now! Download the FREE South Dakota Lease right now and let us know what you think! |
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