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South Dakota Tenant Background Check

South Dakota Tenant Screening

Tenant screening is an important part of the rental process for landlords and property managers. In South Dakota (SD), landlords have the right to conduct background checks on prospective tenants to ascertain their suitability for tenancy. This process helps landlords protect their rental properties, while also ensuring they are renting to tenants who can pay rent on time and follow the terms of the lease agreement.


The South Dakota landlord-tenant law outlines the rights and responsibilities of both landlords and tenants. It is important that landlords familiarize themselves with their rights and responsibilities before screening tenants. This will help ensure they are within the law and are treating prospective tenants fairly.


The process of tenant screening in South Dakota typically involves verification of the tenant’s identity, employment history, and credit worthiness. The landlord may request personal information from the tenant such as a social security number, driver's license, or pay stubs. This information is used to conduct a background check, which may include a criminal history check or eviction record search.


The landlord may also request that the tenant provide a credit report. This report will provide information on the tenant’s credit history, such as any unpaid bills or delinquencies. The credit report will also provide information on the tenant’s debt-to-income ratio, which helps the landlord determine if the tenant is likely to be able to pay rent on time.


Once all the tenant information has been verified, the landlord can then decide if the applicant is suitable for tenancy. Landlords should always follow the guidelines set forth in the South Dakota landlord-tenant law and should not discriminate against any prospective tenant based on their race, religion, gender, or any other protected status.


Tenant screening is an important part of the rental process in South Dakota. It is a good idea for landlords to be familiar with their rights and responsibilities, as well as the guidelines set forth in the South Dakota landlord-tenant law.


South Dakota Tenant Rights


As a tenant in South Dakota, you have certain rights and responsibilities that must be fulfilled in order to maintain a safe and healthy rental property. Knowing your rights as a tenant in South Dakota can help you avoid potential problems and ensure that your tenancy is a positive experience.


Rental Agreement


When you enter into a rental agreement with a landlord in South Dakota, you must sign a written agreement that outlines the terms and conditions of the lease. This agreement should include the details of the lease such as the rental amount, security deposit, utilities, and any other provisions that the landlord wishes to enforce. It is important to read and understand the agreement before signing it.


Security Deposit


A security deposit is a payment made by the tenant to the landlord to cover any potential damages that may occur to the rental property during the tenancy. In South Dakota, the landlord is not allowed to charge more than one month’s rent for a security deposit. The landlord must return the security deposit within one month of the tenant vacating the property.




Rent is due at the beginning of each month and must be paid on time. If the tenant fails to pay rent on time, the landlord may initiate eviction proceedings against the tenant. The landlord must provide the tenant with a written notice of nonpayment before initiating the eviction process.


Landlord’s Responsibilities


The landlord is responsible for providing and maintaining a safe and habitable rental property. This includes making necessary repairs, providing running water, heat, and other utilities, and ensuring that the property meets all applicable health and safety standards. The landlord must also provide the tenant with a written notice before entering the rental unit.


Tenant’s Responsibilities


The tenant is responsible for maintaining the rental property in a clean and safe condition and complying with all of the terms of the rental agreement. The tenant must also pay the rent on time and must not damage the property.


South Dakota Eviction Laws


The eviction laws in South Dakota are governed by the South Dakota Codified Laws Chapter 43-32. These laws cover both the process of eviction and the rights of tenants and landlords within the state. 


South Dakota Eviction Process 


In South Dakota, the eviction process follows a specific set of steps that must be taken by the landlord before an eviction can take place. The landlord must first give the tenant a three-day notice to vacate, which informs the tenant that they are in violation of their rental agreement and must leave the property within three days. If the tenant does not comply with the notice, the landlord must file a complaint with the local court, along with a summons. The summons will require the tenant to appear at the hearing, where the judge will decide whether the eviction can proceed. If the eviction is approved, the tenant will be given a seven-day notice to vacate, which gives the tenant a final opportunity to vacate the premises. If the tenant does not comply with the notice, the landlord can then have the tenant removed from the property.


Rights of Tenants and Landlords


Tenants in South Dakota have the right to a safe and habitable living environment, as outlined in the South Dakota Codified Laws Chapter 43-32. This includes a right to a safe and clean living space free from fire, health, and safety hazards. Tenants also have the right to a fair and timely resolution of any disputes with their landlord.


Landlords in South Dakota have the right to receive timely payments from their tenants and to be able to collect late fees for any payments not made on time. Landlords also have the right to evict a tenant for any violation of the rental agreement, as long as the eviction process is followed. Landlords also have the right to collect rent from the tenant until the property is vacated.


South Dakota Tenant Laws


South Dakota tenant laws govern the rights and responsibilities of both landlords and tenants in the state. These laws are based on the South Dakota Code Annotated and are enforced by the South Dakota Department of Labor and Regulation.


Rental Agreements


Rental agreements in South Dakota must include all terms of the lease, including the start and end dates, the amount of rent, and the duration of the tenancy. All rental agreements must be in writing and must be signed by both the tenant and the landlord. Verbal agreements are not legally binding in South Dakota.


Security Deposits


Security deposits in South Dakota are limited to two months' rent. The landlord must return the security deposit to the tenant within 30 days of the end of the tenancy. If the landlord does not return the deposit, they must provide a written explanation of why they are not returning the deposit.




In South Dakota, rent is due at the beginning of each month. If rent is paid late, the landlord may charge a late fee of up to 10% of the rent. Landlords may not charge a late fee if the rent is paid within five days of the due date.




In South Dakota, landlords may evict tenants for non-payment of rent, breach of the lease, or other violations of the lease agreement. The landlord must provide written notice to the tenant before they can start eviction proceedings.




Landlords in South Dakota are responsible for making repairs to the rental property. Tenants are responsible for any damage caused by their own negligence or misuse of the property.




It is illegal for landlords in South Dakota to discriminate against tenants based on race, color, national origin, sex, religion, familial status, or disability.


These are the basic laws governing landlords and tenants in South Dakota. For more information, contact the South Dakota Department of Labor and Regulation.



Updated on 2022-12-08 08:12:21 by larry coleman

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