South Dakota Legislature
Legislative Research Council
Jason Hancock, Director
LEASE OF REAL PROPERTY
Leasing of real property defined.
Limited term of lease--Agricultural land--Municipal lots.
Hiring of real property presumed for one year--Exception.
Hiring of lodgings--Length of term--Presumption.
Lease of real property for more than one year--Written contract necessary.
Obligations of lessor of real property--Tenant's remedies against lessor.
Maximum security deposit for residential premises--Larger deposit by mutual
Residential lessor to keep premises in repair--Disrepair caused by lessee--Agreements for repairs in lieu of rent--Liability to third persons unaffected.
Failure of lessor to repair premises--Lessee's remedies.
Preservation of premises by lessee.
Use of premises when leased for particular or specified purpose--Responsibility of
lessee--Rescission of contract.
Time for payment of rent--Agricultural and wildland--Lodging--Termination of
Modification of lease--Written notice by landlord, effect--Termination by tenant.
Retention of possession by lessee after expiration of hiring--Acceptance of rent by
lessor--Renewal of hiring--Terms.
Renewal of hiring of real property presumed unless notice given of termination.
Tenant receiving notice of adverse proceedings--Duty to inform landlord.
Attornment of tenant to stranger, validity--Consent of landlord--Judgment.
Termination of lease by landlord before end of agreed term--Use of premises by
tenant contrary to agreement--Neglect of tenant to make repairs.
Termination of lease by tenant--Neglect of landlord to place tenant in quiet
possession of premises--Neglect to keep premises in good condition--Destruction of
Assignment of lease by lessee--Breach of agreement--Recovery of possession--Remedies of lessor--Exception--Security for loan.
Assignment of lease by lessor--Breach of agreement--Remedies of lessee--Covenants
Termination of lease--Agreed term--Mutual consent--Acquisition of superior title by
Continuation of farm lease absent notice--Time for notice--Termination without
notice in case of default--Grassland included.
Termination of lease at pleasure of either party--Death or incapacity to contract--Exception.
Return of security deposit after termination of tenancy--Withholding--Itemized
accounting--Forfeiture of withholding rights--Punitive damages.
Small amount of tenant's property left on premises presumed abandoned--Disposal
Storage of tenant's valuable property left on premises--Lien--Disposal as abandoned
after waiting period.
Cause of action against lessor for retaliatory conduct.
Lessee's remedies for retaliatory conduct by lessor.
Rights and remedies preserved.
Disclosure of knowledge of existence of prior manufacturing of methamphetamines.
Notice to vacate and remove mobile or manufactured home from leased property.
Reasonable notice of landlord's intent to enter--Contents.