Go Back

South Dakota Tenant Background Check

South Dakota Tenant Screening

South Dakota Tenant Screening Background checks are essential for each landlord in South Dakota rental properties. When landlords follow the essential steps to check every applicant thoroughly, they have a higher chance of the most qualified applicants climbing to the top of the list and rejecting those who aren't qualified trying to rent South Dakota rental properties.

There's greater tenant screening beyond making notes on the applicant's name and their place of work in notebooks. It is essential to conduct a thorough South Dakota tenant background check on every applicant, not only the primary applicant. Maybe one adult is insistent on completing the application process without including another adult living with the applicant. If you permit only one applicant to complete the procedure, you might regret it in the future. Making South Dakota Tenant Screening Background checks is required for each adult applicant who wants to live at one of the rental properties. Ensure you protect the investment you have made in rental properties by carrying out a thorough screening process for every adult.

The Koleman Group LLC determines whether the candidate has a criminal background by conducting a specific state-specific search. If you add in the Federal Search, you discover any criminal history information on an international scale. It is essential to do a Sex Offender Search, which will reveal if your candidate is a sex offender. Sexual offenders might move to another location rather than appearing in court to be convicted of their sex-related offenses. Sexual offenders can also move after being released from prison and start their sexual activities in a new place. Including this search in the Sex Offender Search enables you to remove the person in trouble from leasing any of your South Dakota properties. Another type of criminal likely to be removed from consideration is someone who has an alleged history of terrorist-related crimes. Terrorist Search Terrorist Search gives you details about every applicant with a criminal history or conviction.

The fraud involving Social Security is a field where skilled identity theft specialists and fraudsters frequently take advantage of others. The person with a social security number utilized may not realize the person is using their Social Security number for services, like the approval to lease an apartment in one of the South Dakota rental properties. Incorporate a Social Security Number Fraud Check when you conduct a South Dakota Tenant Screening Background Checks to determine if the applicant has provided false social security numbers which belong to someone else.

Landlords cannot continue to let their property to the first tenant who arrives with cash. It can lead to catastrophe, and landlords can be held legally accountable for the event that a tenant causes harm to another. Be sure to protect yourself, your fellow tenants, neighbors in the vicinity, and yourself by leasing to qualified applicants according to the findings of your thorough South Dakota Tenant Screening Background Checks.


South Dakota Landlord-Tenant Law

These South Dakota Landlord-Tenant Laws are a brief summary of the laws and are not an exhaustive listing of all pertinent regulations and laws, and it's not meant to provide legal advice. Laws can change, and they will typically vary within the state and from municipality to municipality. If you have any legal issues or questions about South Dakota Landlord-Tenant Laws, We highly suggest you speak with a licensed lawyer. Many state and local bar associations offer assistance with referrals that will assist you in finding an attorney.

South Dakota Landlord-Tenant Laws:

South Dakota Codified Laws Annotated SSSS 43-32-1 -43-32-32 

Deposit for Security:

The maximum-security deposit: The answer is yes. A landlord can charge the tenant an amount equal to 1 month's rental. However, the landlord could charge a greater deposit in the event of a special circumstance that poses a risk to the maintenance of the building. SDCL The SSSS 43.32-6.1 or 43-32-24.

Refund of Security Deposit: A landlord must return the security deposit within two weeks following the time that the tenant has left the property. In two weeks, the landlord must return the full security deposit or at least a portion of it. SDCL The SSSS is 43.32-6.1 as well as 43-32-24.

Deductions of Deposits in Security Deposit: In this case, a landlord must explain the reasons for deductions being taken out to tenants tenant. If the tenant requires an itemized, written account of the deductions, the landlord must give this information within 45 days from the date of receiving the tenant's request. SDCL SSS 43.32-6.1 as well as 43-32-24.

Extra Requirements: The requirements are not on a state level. We recommend you consult your local municipality to find any additional laws or rules regarding security deposits.

Rent, Rent & Fees:

Late fees: There is no state law. If your lease agreement does not address the subject of late fees and late fees, then it is possible that a landlord is not permitted to apply a late charge.

Notice of Rent increase: The landlord has to give tenants a minimum of one month's written notice concerning any rent increase or alter any month-to-month lease terms. If you have a lengthy-term lease, the landlord cannot increase the amount of rent to the tenant until the lease has ended and a new lease period begins (unless the lease itself stipulates otherwise.) the lease's terms specifically allow for the increase of rent.) SDCL SSS 43-32-13.

Retaliation or discrimination: The landlord is not allowed to raise the rent in a way that discriminates against anyone, i.e., race, gender, religion, etc. The landlord is also not allowed to raise rents in the case of retaliation against the tenant when the tenant has had a legal right to exercise, such as making a legitimate complaint to the local housing authority regarding their lease. SDCL SSSS 43-32-1 - 43-32-32

Termination due to non-payment of rent: South Dakota law stipulates that the landlord provide the tenant with at least three days to pay rent or vacate the property. A landlord may terminate their lease by issuing an unconditional quit notice. SDCL SSS 21-16-1(4) as well 21-16-2.

Notices to the Landlord:

Meth Labs: South Dakota law requires that any landlord who is aware of any previous manufacturing of methamphetamines within the area or on the premises make such information available to any prospective tenant or any prospective tenant. Suppose the property contains two or more dwelling units. In that case, The disclosure requirements only apply to the particular unit in which evidence of the previous production of methamphetamines. SDCL SSS43-32-30.

Warranty of Habitability, Withholding, and Rent

Essential Rights: Every tenant in South Dakota is legally entitled to a property that complies with basic health structural, safety, and health standards and is in good working order.

Landlord's responsibility: A landlord is required to keep the rental unit in good repair and suitable for human use, which includes the maintenance of all plumbing, electrical, heating, and plumbing systems. The warranty of habitability cannot be modified or waived between the tenants in the lease contract. However, the parties could decide to make the tenant accountable for certain repairs instead of paying rent. SDCL 43.32-9. 43.32-9.

Tenant's Rights: If the landlord does not take care to fix the tenant's rental property, the tenant could: (1) vacate the property, which releases the tenant of any and any further obligations under the lease, or (2) complete the repairs and deduct the repair costs from the rent to be paid. SDCL 43.32-9. 43.32-9.

Notice: Before the tenant adopts any of the above steps in either of the above cases, the tenant must give the landlord notice in writing of the repairs required. The tenant's notice must state what repairs are required and the date to make the repairs. SDCL MS 43.32-9.

In addition to the South Dakota state laws and regulations, we suggest that you speak with your local municipal officials to discuss all local rules and regulations pertaining to tenants' rights regarding repairs.

Notice of unconditional leave: This type of notice requires the tenant to vacate within a brief period of time specified in the lease contract. Suppose the lease agreement is in South Dakota. In that case, a landlord may use an unconditional termination notice in the event of each of the following reasons: (1) 3 days without payment of rental (2) significant damage caused to the rental property caused by the tenant or guest of the tenant, or (3) the tenant has a tenant holding over. SDCL 21-16-1 and 21-16-2.

Eviction: The landlord can file an instant Eviction lawsuit before the court without giving the tenant an opportunity to redress if the tenant violates the lease agreement, which allows the immediate tenant termination in case of the violation. SDCL S21-16-2.

Access of the Landlord to the Rental Property and other Rules:

Tenant retaliation: A landlord cannot respond to a tenant for exercising one of the rights under the law (1) making a complaint to the landlord regarding unsafe or illegal housing the conditions (2) complaining to a government agency concerning an illegal or unsafe living situation or (3) gathering and presenting the collective view of an association of tenants or a tenant union. SDCL 43-32-27 SSSS and 43-32-30.

Retaliation Types: South Dakota law safeguards tenants from the following kinds of retaliation: (1) terminating a tenant's tenancy, (2) making an application for an eviction suit, (3) raising rent, and (4) reduction of the services. South Dakota state law will consider retaliation to be a possibility if the landlord negatively does something of this kind within the first 180 days of the day that the tenant is exercising a legal right. SDCL 43-32-27 SSSS as well as 43-32-28.


Landlord Disclosure: There is no state law.

Right of Tenants: State law is not in force.

Application Fee: There is no state-specific law. While there aren't any statutory limitations on the amount that a landlord could charge for an application fee, we advise that the landlord only be able to charge a reasonable amount depending on the location and the circumstances.

One of the most important aspects that is a crucial part of landlord-tenant legislation in South Dakota Tenant Screening Background Checks. We've dedicated a whole page to it due to its importance. Check out South Dakota Tenant Screening Background Screening checks to check the background of your tenant.

South Dakota Small Claims Court Limits: A tenant could sue the landlord in the sum of the security deposits was withheld by a landlord who has allegedly unlawfully taken away. The maximum amount one can sue for to sue in the South Dakota Small Claims Court is $12,000. South Dakota Unified Judicial System.

Eviction Court Cases Eviction cases are heard by Circuit Court.

South Dakota Small Claims Court

South Dakota State Courts

South Dakota State Courts Approved Mediators

South Dakota Circuit Courts

South Dakota Supreme Court

South Dakota Office of the Attorney General

State Bar of South Dakota

State Bar of South Dakota- Attorney Referral Service

South Dakota Attorney General's Office -- Tenants Rights

Updated on 2022-06-07 21:33:49 by larry coleman

Recent Posts

The Koleman Group LLC
Current Country