Fillable Printable Residential Lease Agreement - South Dakota

Residential Lease Agreement - South Dakota

South Dakota Residential Lease Agreement

THIS AGREEMENT(hereinafter referred to as the "South Dakota Lease

Agreement") is made and entered into this ____ day of _______________,

20____, by and between ___________________________________

(hereinafter referred to as "Landlord") and

________________________________________ (hereinafter referred to

as "Tenant." For and in consideration of the covenants and obligations

contained herein and other good and valuable consideration, the receipt

and sufficiency of which is hereby acknowledged, the parties hereto

hereby agree as follows:

1.PROPERTY. Landlord owns certain real property and improvements located at

_________________(hereinafter referred to as the "Property"). Landlord desires to lease

the Premises to Tenant upon the terms and conditions contained herein. Tenant desires

to lease the Premises from Landlord on the terms and conditions as contained herein.

2.TERM. This South Dakota Lease Agreement shall commence on

________________________andshall continue as a lease for term. The termination date shall

be on ___________________ at11:59 PM. Upon termination date, Tenant shall be required to

vacate the Premises unless one of the following circumstances occur:

(i) Landlord and Tenant formally extend this South Dakota Lease Agreement in

writing or create and execute a new, written, and signed South Dakota Lease

Agreement; or

(ii)Landlord willingly accepts new Rent from Tenant, which does not constitute past

due Rent.

In the event that Landlord accepts new rent from Tenant after the termination date, a

month-to-month tenancy shallbe created.If at any time either party desires to terminate

themonth-to-monthtenancy, such party may do so by providing to the other party written

notice of intention to terminate at least 30 days prior to the desired date of termination of

themonth-to-monthtenancy.

Notices to terminate may be given on any calendar day, irrespective of Commencement

Date.Rent shall continue at the rate specified in this South Dakota Lease Agreement, or

as allowed by law. All other terms and conditions as outlined in this South Dakota Lease

Agreement shall remain in full force and effect. Time is of the essence for providing

notice of termination (strict compliance with dates by which notice must be provided is

required).

3.RENT. Tenant shall pay to Landlord the sum of $______________ per month as Rent for

the Term of the Agreement. Due date for Rent payment shall be the 1st day of each

calendar month and shall be considered advance payment for that month. Weekends and

holidays do not delay or excuse Tenant’s obligation to timely pay rent.

A.DelinquentRent. If not paid on the 1st, Rent shall be considered overdue and

delinquent on the 2nd day of each calendar month. If Tenant fails to timely pay

any month’s rent, Tenant will pay Landlord a late charge of $_________ per day

until rent is paid in full. If Landlordreceivesthe monthly rent by the 3

day of the

month,Landlord willwaive the late charges for that month. Any waiver of late

charges under this paragraph will not affect or diminish any other right or remedy

Landlord may exercise for Tenant’s failure to timely pay rent.

B.Prorated Rent. In the event that the Commencement Date is not the 1st of the

calendar month, Rent payment remitted on the Commencement Date shall be

prorated based on a 30-day period.

C.Returned Checks. In the event that any payment by Tenant is returned for

insufficient funds ("NSF") or if Tenant stops payment, Tenant will pay

$_________ to Landlord for each such check, plus late charges, as described

above, until Landlord hasreceivedpayment. Furthermore, Landlord may require

in writing that Tenant pay all future Rent payments by cash, money order, or

cashier's check.

D.Orderin which funds are applied. Landlord will apply all funds received from

Tenant first to any non-rent obligations of Tenant including late charges, returned

check charges, charge-backs for repairs, brokerage fees, and periodic utilities,

then to rent, regardless of any notations on a check.

E.RentIncreases. There will be no rent increases through the Termination Date. If

this lease is renewed automatically on a month-to-monthbasis, Landlord may

increase the rent during the renewal period by providing written notice to Tenant

that becomes effective the month following the 30

day after the notice is

provided.

4.SECURITY DEPOSIT. Upon execution of this South Dakota Lease Agreement, Tenant

shall deposit with Landlord the sum of $_______________ (which amount is not in

excess of two months periodic rent) receipt of which is hereby acknowledged by

Landlord, as security for any damage caused to the Premises during the term hereof.

Landlord may place the security deposit in an interest bearing account and any interest

earned will be paid to Landlord or Landlord’s representative.

A. .REFUND. Upon termination of the tenancy, all funds held by the landlord as

security deposit may be applied to the payment of accrued rent and the amount of

damages that the landlord has suffered by reason of the tenant's noncompliance with the

terms of this South Dakota Lease Agreement orwith any and all laws, ordinances, rules

and orders of any and all governmental or quasi-governmental authorities affecting the

cleanliness, use, occupancy and preservation of the Premises.

B.DEDUCTIONS. Landlord may deduct reasonable charges from the security

deposit for:

(1.) Unpaid or accelerated rent;

(2.) Late charges;

(3.) Unpaid utilities;

(4.) Costs of cleaning, deodorizing, and repairing the Property and its

contents for which Tenant is responsible;

(5.) Pet violation charges;

(6.) Replacing unreturned keys, garage door openers, or other security

devices;

(7.) The removal of unauthorized locks or fixtures installed by Tenant;

(8.) Insufficient light bulbs;

(9.) Packing, removing, and storing abandoned property;

(10.) Removing abandoned or illegally parked vehicles;

(11.) Costs of reletting, if Tenant is in default;

(12.) Attorney fees and costs of court incurred in any proceeding against

Tenant;

(13.) Any fee due for early of removal of an authorized key box;

(14.) Other items Tenant is responsible to pay under this Lease.

If deductions exceed the security deposit, Tenant will pay to

Landlord the excess within ten days after Landlord makes written

demand. The security deposit will be applied first to any non-rent

items, including late charges, returned check charges, repairs,

brokeragefees, and periodic utilities, then to any unpaid rent.

5.USE OF PREMISES. The Premises shall be used and occupied solely by Tenant and

Tenant's immediate family, consisting of

_____________________________________________, exclusively, as a private single

family dwelling, and no part of the Premises shall be used at any time during the term of

this South Dakota Lease Agreement by Tenant for the purpose of carrying on any

business, profession, or trade of any kind, or for any purpose other than as aprivate

single family dwelling.Tenant shall not allow any other person, other than Tenant's

immediate family or transient relatives and friends who are guests of Tenant, to use or

occupy the Premises without first obtaining Landlord's written consent tosuch use.

Tenant shall comply with any and all laws, ordinances, rules and orders of any and all

governmental or quasi-governmental authorities affecting the cleanliness, use,

occupancy and preservation of the Premises.

6.CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant has

examined the Premises, and that they are at the time of this Lease in good order, repair,

and in a safe, clean and tenantable condition.

7.ASSIGNMENT AND SUB-LETTING. Tenant shall not assign this South Dakota Lease

Agreement, or sub-let or grant any license to use the Premises or any part thereof

without the prior written consent of Landlord.A consent by Landlord to one such

assignment, sub-letting or license shall not be deemed to be a consent to any

subsequent assignment, sub-letting or license.An assignment, sub-letting or license

without the prior written consent of Landlord or an assignment or sub-letting by operation

of law shall be absolutely null and void and shall, at Landlord's option, terminate this

South Dakota Lease Agreement.

8.ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the

buildings or improvements on the Premises or construct any building or make any other

improvements on the Premises without the prior written consent of Landlord.Any and all

alterations, changes, and/or improvements built, constructed or placed on the Premises

by Tenant shall, unless otherwise provided by written agreement between Landlord and

Tenant, be and become the property of Landlord and remain on the Premises at the

expiration or earlier termination of this South Dakota Lease Agreement.

9.NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of

the Premises to Tenant upon the commencement of the Lease term, through no fault of

Landlord or its agents, then Landlord or its agents shall have no liability, but the rental

herein provided shall abate until possession is given.Landlord or its agents shall have

thirty (30) days in which togive possession, and if possession is tendered within such

time, Tenant agrees to accept the demised Premises and pay the rental herein provided

from that date.In the event possession cannot be delivered within such time, through no

fault of Landlord orits agents, then this South Dakota Lease Agreement and all rights

hereunder shall terminate.

10.HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a

dangerous, flammable or explosive character that might unreasonably increase the

danger of fire or explosion on the Premises or that might be considered hazardous or

extra hazardous by any responsible insurance company.

11.UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services

required on the Premises.

12.MAINTENANCE,REPAIR,AND RULES. Tenant will, at its sole expense, keep and

maintain the Premises andappurtenancesin goodand sanitary condition and repair

during the term of this South Dakota Lease Agreement and any renewal thereof.Without

limiting the generality of the foregoing, Tenant shall:

A.Not obstruct the driveways, sidewalks, courts, entryways, stairs and/or halls, which

shall be used for the purposes of ingress and egress only;

B.Keep all windows, glass, window coverings, doors, locks and hardware in good,

clean order and repair;

C.Not obstruct or cover the windows or doors;

D.Not leave windows or doors in an open position during any inclement weather;

E.Not hang any laundry, clothing, sheets, etc., from any window, rail, porch or balcony

nor air or dry any of same within any yard area or space;

F.Not cause or permit any locks or hooks to be placed upon any door or window

without the prior written consent of Landlord;

G.Keep all air conditioning filters clean and free from dirt;

H.Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good

order and repair and shall use same only for the purposes for which they were

constructed.Tenant shall not allow any sweepings,rubbish, sand, rags, ashes or

other substances to be thrown or deposited therein.Any damage to any such

apparatus and the cost of clearing stopped plumbing resulting from misuse shall be

borne by Tenant;

I. Tenant's family and guests shall at all times maintain order in the Premises and at all

places on the Premises, and shall not make or permit any loud or improper noises, or

otherwise disturb other residents;

J.Keep all radios, television sets, stereos, phonographs, etc., turned down to a levelof

sound that does not annoy or interfere with other residents;

K.Deposit all trash, garbage, rubbish or refuse in the locations provided and shallnot

allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on

the exterior of any building or within the common elements;

L.Abide by and be bound by any and all rules and regulations affecting the Premises or

the common area appurtenant thereto which may be adopted or promulgated by the

Condominium or Homeowners' Association having control over them.

13.DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly

uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence

of Tenant, this South Dakota Lease Agreement shall terminate from such time except for

the purpose of enforcing rights that may have then accrued hereunder.The rental

provided for herein shall then be accounted for by and between Landlord and Tenant up

to the time of such injury or destruction of the Premises, Tenant paying rentals up to such

date and Landlord refunding rentals collected beyond such date.Should a portion of the

Premises thereby be rendered uninhabitable, the Landlord shall have the option of either

repairing such injured or damaged portion or terminating this Lease.In the event that

Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in

the proportion that the injured parts bears to the whole Premises, and such part so

injured shall be restored by Landlord as speedily as practicable, after which the full rent

shall recommence and the South Dakota Lease Agreement continue according to its

terms.

14.ACCESS BY LANDLORD. Landlord and Landlord's agents shall have the right at all

reasonable times, and by all reasonable means, without notice, during the term of this

South Dakota Lease Agreement and any renewal thereof to enter the Premises for the

following purposes:

A.Inspect the Property for condition;

B.Make repairs;

C.Show the Property to prospective tenants, prospective purchasers, inspectors, fire

marshals, lenders,appraisers,orinsurance agents;

D.Exercise a contractual or statutory lien;

E.Leave written notice;

F.Seize nonexempt property after default.

Landlord may prominently display a “For Sale” or “For Lease” or similarly worded sign on

the Property during the term of this Lease or any renewal period.

If Tenant fails to permit reasonable access under this Paragraph, Tenant will be in

default.

15.SUBORDINATION OF LEASE. This South Dakota Lease Agreement and Tenant's

interest hereunder are and shall be subordinate, junior and inferior to any and all

mortgages,liens or encumbrancesnow orhereafter placed on the Premisesby Landlord,

all advances made under any such mortgages, liens or encumbrances (including, but not

limited to, future advances), the interest payable on such mortgages, liens or

encumbrances and any and all renewals, extensions or modifications of such mortgages,

liens or encumbrances.

16.TENANT'S HOLD OVER. If Tenant remains in possession of the Premises with the

consent of Landlord after the natural expiration of this South Dakota Lease Agreement, a

new tenancy from month-to-month shallbe created between Landlord and Tenant which

shall be subject to all of the terms and conditions hereof except that rent shall then be

due and owing at $__________________ per month and except that such tenancy shall

be terminable upon fifteen (15) days written notice served by either party.

17.SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall

surrender the Premises in as good a state and condition as they were at the

commencement of this South Dakota Lease Agreement, reasonable use and wear and

tear thereof and damages by the elements excepted.

18.ANIMALS. THERE WILL BE NO ANIMALS, unless authorized by a separate written Pet

Addendum to this Residential Lease Agreement. Tenant shall not permit any animal,

including mammals, reptiles, birds, fish, rodents, or insectson the property, even

temporarily, unless otherwise agreed by a separate written Pet Agreement. If tenant

violates the pet restrictions of this Lease, Tenant will pay to Landlord a fee of

$_____________ per day per animal for each day Tenant violates the animal restrictions

as additional rent for any unauthorized animal. Landlord may remove or cause to be

removed any unauthorized animal and deliver it to appropriate local authorities by

providing at least 24-hour written notice to Tenant of Landlord’s intention to remove the

unauthorized animal. Landlord will not be liable for any harm, injury, death, or sickness to

any unauthorized animal. Tenant is responsible and liable for any damage or required

cleaning to the Property caused by any unauthorized animaland for all costs Landlord

may incur in removing or causing any unauthorized animal to be removed.

19.WATERBEDS. THERE WILL BE NO WATERBEDS, unless authorized by a separate

written Waterbed Addendum to this Residential Lease Agreement.

20.QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as

being payable by Tenant and Tenant's performance of all Tenant's agreements contained

herein and Tenant's observance of all rules and regulations, shall and may peacefully

and quietly have, hold and enjoy said Premises for the term hereof.

21. INDEMNIFICATION.Landlord shall not be liable for any damage or injury of or to the

Tenant, Tenant's family, guests, invitees, agents or employees or to any person entering

the Premises or the building of which the Premises are a part or to goods or equipment,

or in the structure or equipment of the structure of which the Premises are a part, and

Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any and all

claims or assertions of every kind and nature.

22.DEFAULT. If Landlord breaches this Lease, Tenant may seek any relief provided by law.

If Tenant fails to comply with any of the material provisions of this South Dakota Lease

Agreement, other than thecovenant to pay rent, or of any present rules and regulations

or any that may be hereafter prescribed by Landlord, or materially fails to comply with any

duties imposed on Tenant by statute, within seven (7) days after delivery of written notice

by Landlord specifying the non-compliance and indicating the intention of Landlord to

terminate the Lease by reason thereof, Landlord may terminate this South Dakota Lease

Agreement. If Tenant fails to pay rent when due and the default continues for seven (7)

days thereafter, Landlord may, at Landlord's option, declare the entire balance of rent

payable hereunder to be immediately due and payable and may exercise any and all

rights and remedies available to Landlord at law or in equity or may immediately

terminate this South Dakota Lease Agreement.

23.ABANDONMENT. If at any time during the term of this South Dakota Lease Agreement

Tenant abandons the Premises or any part thereof, Landlord may, at Landlord's option,

obtain possession of the Premises in the manner provided by law, and without becoming

liable to Tenant for damages or for any payment of any kind whatever.Landlord may, at

Landlord's discretion, as agent for Tenant, relet the Premises, or any part thereof, for the

whole or any part thereof, for the whole or any part of the then unexpired term, and may

receive and collect all rent payable by virtue of such reletting, and, at Landlord's option,

hold Tenant liable for any difference between the rent that would have been payable

under this South DakotaLease Agreement during the balance of the unexpired term, if

this South Dakota Lease Agreement had continued in force, and the net rent for such

period realized by Landlord by means of such reletting.If Landlord's right of reentry is

exercised followingabandonment of the Premises by Tenant, then Landlord shall

consider any personal property belonging to Tenant and left on the Premises to also have

been abandoned, in which case Landlord may dispose of all such personal property in

any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for

doing so.

24.ATTORNEYS'FEES. Should it become necessary for Landlord to employ an attorney to

enforce any of the conditions or covenants hereof, including the collection of rentals or

gaining possession of the Premises, Tenant agrees to pay all expenses so incurred,

including a reasonable attorneys' fee.

25.RECORDING OF SOUTH DAKOTA LEASE AGREEMENT. Tenant shall not record this

South Dakota Lease Agreement on the Public Records of any public office.In the event

that Tenant shall record this South Dakota Lease Agreement, this South Dakota Lease

Agreement shall, at Landlord's option, terminate immediately and Landlord shall be

entitled to all rights and remedies that it has at law or in equity.

26.GOVERNING LAW. This South Dakota Lease Agreement shall be governed, construed

and interpreted by, through and under the Laws of the State of South Dakota.

27.SEVERABILITY. If any provision of this South Dakota Lease Agreement or the

application thereof shall, for any reason and to any extent, be invalid or unenforceable,

neither the remainder of this South Dakota Lease Agreement nor the application of the

provision to other persons, entities or circumstances shall be affected thereby, but

instead shall be enforced to the maximum extent permitted by law.

28.BINDING EFFECT. The covenants, obligations and conditions herein contained shall be

binding on and inure to the benefit of the heirs, legal representatives, and assigns of the

parties hereto.

29.DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of

reference only and they are not intended to have any effect whatsoever in determining

the rights or obligations of the Landlord or Tenant.

30.CONSTRUCTION. The pronouns used herein shall include, where appropriate, either

gender or both, singular and plural.

31.NON-WAIVER. No delay, indulgence, waiver, non-enforcement, election or non-election

by Landlord under thisSouth Dakota Lease Agreement will be deemed to be a waiver of

any other breach by Tenant, nor shall it affect Tenant's duties, obligations, and liabilities

hereunder.

32.MODIFICATION. The parties hereby agree that this document contains the entire

agreement between the parties and this South Dakota Lease Agreement shall not be

modified,changed,altered or amended in any way exceptthrough a written amendment

signed by all of the parties hereto.

33.NOTICE. Any notice required or permitted under this Lease or under state law shall be

delivered to Tenant at the Property address, and to Landlord at the following address:

_______________________________________________________________________

34.LEAD-BASED PAINT DISCLOSURE.If the premises were constructed prior to

1978,Tenant acknowledges receipt of the form entitled “LEAD-BASED PAINT

DISCLOSURE” which contains disclosure of information on lead-based paint and/or lead-

based paint hazards.

As to Landlord this ______ day of

________________________, 20_____.

LANDLORD:

Sign: ___________________________________

Print: _________________________________ Date: ______________

As to Tenant, this ______ day of

________________________, 20_____.

TENANT

Sign: ___________________________________

Print: __________________________________ Date:

______________

TENANT:

Sign: ___________________________________

Print: __________________________________ Date: ______________