South Dakota Tenant Background Check

 

South Dakota Tenant Rights

 

You have obligations and rights as a tenant in South Dakota that must be upheld to keep rental properties secure and sanitary. Knowing your rights as a tenant in South Dakota will help you prevent issues and ensure your rental experience is satisfying. 

 

Rental Agreement

 

In South Dakota, you must sign a written document outlining the terms and conditions of the lease when you sign a rental agreement with a landlord. The specifics of the lease, such as the monthly rent, security deposit, utilities, and any other clauses that the landlord wants to enforce, should be included in this agreement. The contract should be carefully read and understood before being signed.

 

Security Deposit

 

A security deposit is a money given to the landlord by the tenant to cover any potential harm that might be done to the rental property while the tenant is residing there. The amount of the security deposit the landlord may request from the tenant in South Dakota is limited to one month's rent. After the tenant vacates the property, the landlord has one month to repay the security deposit. 

 

Rent

 

Each month's rent is due at the start and must be paid promptly. The landlord may begin eviction procedures against the tenant if they don't pay their rent on time. However, before beginning the eviction procedure, the landlord must give the tenant a formal notice of nonpayment. 

 

Landlord’s Responsibilities

 

A safe and livable rental property must be provided and kept up by the landlord. This includes carrying out required maintenance, offering running water, heat, and other utilities, and making sure the building complies with all relevant health and safety regulations. The landlord must also give a written notice to the renter before entering the rented property. 

 

Tenant’s Responsibilities

 

The renter is in charge of keeping the rental home tidy and secure and adhering to the rental agreement's conditions. In addition, the tenant has two obligations: timely rent payment and no property damage. 

 

South Dakota Eviction Laws

 

The South Dakota Codified Laws Chapter 43-32 governs the state's eviction regulations. These laws protect both the rights of renters and landlords in the state and the eviction procedure. 

 

South Dakota Eviction Process 

 

The eviction procedure in South Dakota has a set of stages that the landlord must complete before the eviction may happen. A three-day notice to vacate, which tells the tenant that they are in breach of their rental agreement and must leave the property within three days, must first be given by the landlord to the renter. Next, the landlord must submit a complaint and summons to the neighborhood court if the renter disobeys the notification. According to the summons, the tenant must show up for the hearing when the judge decides whether the eviction can go through. Finally, a seven-day notice to vacate will be issued to the renter if the eviction is accepted, giving them one last chance to leave the property. The landlord has the right to evict the tenant if they refuse to abide by the notice. 

 

Rights of Tenants and Landlords

 

According to South Dakota Codified Laws Chapter 43-32, tenants in South Dakota have the right to a safe and livable environment. This includes the right to a home free from dangers to one's health, safety and home from fire. Additionally, tenants are entitled to a prompt and just resolution of any disagreements with their landlord. 

In South Dakota, landlords are entitled to prompt payments from their renters and the authority to recoup late fines for any payments made on time. As long as the eviction procedure is followed, landlords also have the authority to remove a tenant for any infraction of the rental agreement. Furthermore, landlords are permitted to collect rent from tenants until the property is vacated. 

 

South Dakota Tenant Laws

 

Both landlords and renters in the state are subject to the rights and obligations set forth under South Dakota's tenant legislation. The South Dakota Department of Labor and Regulation is responsible for enforcing these laws based on the South Dakota Code Annotated. 

 

Rental Agreements

 

The start and end dates, the amount of the rent, and the length of the tenancy are all required to be included in rental agreements in South Dakota. In addition, all leases must be in writing and contain both the tenant's and the landlord's signatures. In South Dakota, verbal agreements are not enforceable in court. 

 

Security Deposits

 

In South Dakota, security deposits are restricted to two months' rent. Within 30 days of the tenancy's conclusion, the landlord must give the tenant their security deposit back. If the landlord keeps the deposit, they are required to give a written justification for doing so. 

 

Rent

 

Rent in South Dakota is due at the start of every month. The landlord may assess a late fee of up to 10% of the rent if the rent is paid after the due date. However, the landlord cannot impose a late fee if the rent is paid within five days of the due date. 

 

Evictions

In South Dakota, landlords have the right to evict tenants for failing to pay rent, breaking the lease terms, or committing other lease-related offenses. However, before beginning the eviction process, the landlord must give the renter a formal notice. 

 

Repairs

 

In South Dakota, landlords are in charge of fixing up the rental property. However, any harm brought on by the tenant's negligence or improper use of the property is their responsibility. 

 

Discrimination

 

Landlords cannot discriminate against tenants in South Dakota based on their race, color, national origin, sex, religion, familial status, or disability. 

These are South Dakota's fundamental laws governing landlords and tenants. Contact the South Dakota Department of Labor and Regulation for more details.