1. Parties

This Residential Lease Agreement (the "Lease") is made on ____________ (date) between ________________________________ (the "Landlord") and ________________________________ (each a "Tenant"; if more than one, together the "Tenants").

2. Premises

The Landlord rents to the Tenant the residence at ____________________________________________, Unit ______, ______________________ (city), South Dakota ______ (ZIP) (the "Premises"), together with these appliances and furnishings: ________________________________________________.

3. Term

[ ] Fixed term: the Lease begins on ____________ and ends on ____________.

[ ] Month-to-month: the Lease begins on ____________ and continues month to month until ended by either party with the notice required in the state terms below.

4. Rent

Rent is $__________ per month, due in advance on the ______ day of each month, paid to ____________________ by ____________________ (method). Rent for any partial first month is $__________.

5. Security deposit

The Tenant pays a security deposit of $__________ on signing. The deposit, its maximum amount, any interest, and the deadline and method for returning it are governed by the state terms below and by state law.

6. Late charges and returned payments

If rent is not received by the ______ day of the month, the Tenant will pay a late charge of $__________, but never more than state law allows (see the state terms below). A payment returned unpaid by the bank incurs a charge of $__________, within any legal limit.

7. Utilities and services

The Tenant pays for: ________________________________________________.

The Landlord pays for: ________________________________________________.

8. Occupants and guests

Only the Tenants and these persons may live at the Premises: ________________________________________________. A guest staying more than ______ consecutive days needs the Landlord's written consent.

9. Use of the Premises

The Tenant will use the Premises only as a private residence, will comply with applicable laws and any written building rules given to the Tenant, and will not disturb neighbours' quiet enjoyment.

10. Pets and smoking

Pets: [ ] No pets without the Landlord's written consent. [ ] Allowed: ____________________________. Any pet deposit or fee is subject to the state terms and state law. Assistance animals for a person with a disability are not pets and are handled under fair housing law.

Smoking: [ ] Not allowed anywhere on the Premises. [ ] Allowed only: ____________________________.

11. Condition, maintenance and repairs

The Tenant has inspected the Premises and will record its condition on a move-in checklist signed by both parties. The Tenant will keep the Premises clean and sanitary, use fixtures and appliances properly, and report any needed repair or unsafe condition to the Landlord promptly in writing. The Landlord will make the repairs and keep the Premises in the condition required by state and local law (see the habitability terms below). The Tenant pays for damage caused by the Tenant or guests beyond normal wear and tear.

12. Alterations

The Tenant will not paint, alter, add locks to or install fixtures in the Premises without the Landlord's written consent, except where state law gives the Tenant that right.

13. Landlord's entry

The Landlord may enter the Premises to inspect, repair, or show it to prospective tenants or buyers, giving the notice required by the state terms below and by state law, except in an emergency.

14. Assignment and subletting

The Tenant will not assign this Lease or sublet any part of the Premises without the Landlord's written consent. Where state law requires the Landlord to act reasonably on a request, the Landlord will do so.

15. Ending the tenancy and moving out

Notice to end the tenancy must be given in writing and as required by the state terms below. On moving out, the Tenant will return all keys, remove all belongings, and leave the Premises clean and in the condition recorded at move-in except for normal wear and tear. The Tenant will give the Landlord a forwarding address in writing for the return of the deposit.

16. Notices

Notices to the Landlord go to: ________________________________________________ (address and email). Notices to the Tenant go to the Premises, or to: ____________________________.

17. Disclosures

The disclosures required in this state (listed in the state terms below) are attached and form part of this Lease. For housing built before 1978, the federal lead-based paint disclosure form and the EPA pamphlet must be given before signing.

18. General

This Lease, its attachments and the state terms below are the whole agreement. Changes must be in writing and signed by both parties. If any part of this Lease is invalid under the law, the rest stays in effect. This Lease is governed by the laws of South Dakota and any local ordinance that applies to the Premises; where this Lease conflicts with them, the law controls. Each Tenant is jointly and severally responsible for all obligations under this Lease.

19. Additional terms

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Security deposit

The security deposit shall not exceed one month's rent (or the amount of one month's rent plus any pet deposit). The landlord shall return the deposit within 14 days (or 45 days if stated in writing) after the tenant vacates.

Late fees

Late fees are permitted and should be reasonable.

Entry notice

The landlord shall provide at least 24 hours' notice before entering the premises, except in cases of emergency.

Lease termination

For month-to-month tenancies, either party must provide one month's written notice (or one rental period, whichever is longer).

Required disclosures

• Lead-based paint disclosure (for housing built before 1978)
• Methamphetamine disclosure