Fillable Printable South Dakota Month-to-Month Rental Agreement
Fillable Printable South Dakota Month-to-Month Rental Agreement
South Dakota Month-to-Month Rental Agreement
South Dakota Month-to-Month Rental Agreement
This form is a legally binding document for the use and occupation of space
described in Section I for residential use (hereinafter known as the “Monthly
Rental Agreement”) under the following terms:
I. The Property. Landlord agrees to rent the property located at
________________________________________________________________,
City of __________________________________, State of ____________.
a. Furniture and Appliances
☐ - In addition to the space described, the Landlord agrees to allow the
use of the following Furniture and Appliances:______________________
__________________________________________________________.
☐ - No Furniture or Appliances included in this Monthly Rental
Agreement. Tenant agrees to take possession “As-Is.”
b. Common Areas
☐ - The Tenant has the right to the use of any and all common areas that
may exist on the property, including, but not limited to:
___________________________________________________________
__________________________________________________________.
The Tenant must follow any and all rules associated with said common
areas, along with the following restrictions: _________________________
__________________________________________________________.
☐ - No common areas exist on the property.
II. The Parties. The Lease Agreement is between the following:
Landlord _________________________________________________________
Mailing Address ___________________________________________________
City of ________________________________________ State _____________
Tenant __________________________________________________________
Mailing Address ___________________________________________________
City of ________________________________________ State _____________
Tenant __________________________________________________________
Mailing Address ___________________________________________________
City of ________________________________________ State _____________
Tenant __________________________________________________________
Mailing Address ___________________________________________________
City of ________________________________________ State _____________
Minor children to be living on the premises (if any):
Name ___________________________________________________________
Name ___________________________________________________________
Name ___________________________________________________________
Name ___________________________________________________________
III. Term of Agreement. The Landlord and Tenant agree to a term beginning on
_________________, 20_____ and ending upon written notice by one of the
parties. The party seeking to terminate the lease must give the other party
_____ ☐ days’ ☐ months’ notice or must provide notice according to the
applicable state law for month-to-month tenancies (if applicable).
IV. Notices. Any and all notices shall be sent to:
Landlord.
Mailing Address ___________________________________________________
City of ________________________________ State ________ Zip __________
Tenant.
Mailing Address ___________________________________________________
City of ________________________________ State ________ Zip __________
V. Rent. The Tenant shall be obligated to pay the Landlord on the _____ of every
month the following amount:
_____________________________ Dollars ($__________________.______).
The Landlord shall be paid under the following instructions:
_______________________________________________________________.
a. Prorated 1
st
Month.
☐ - The Tenant shall move in to the property on ___________________,
20_____ with the prorated payment of $___________________._______.
☐ - The Tenant agrees to move-in on the first day of the term.
b. Security Deposit.
☐ - The Tenant is required to pay a Security Deposit to the Landlord in
the amount of $______________________._______.
☐ - The Tenant is not required to pay a Security Deposit.
c. Last Month’s Rent.
☐ - The Tenant is required to pay Last Month’s Rent to the Landlord in
the amount of $______________________._______.
☐ - The Tenant is not required to pay Last Month’s Rent.
d. Rent in Advance.
☐ - The Tenant is required to pay Rent in Advance to the Landlord in the
amount of $______________________._______.
☐ - The Tenant is not required to pay Rent in Advance.
e. Pet Deposit.
☐ - The Tenant is required to pay a Pet Deposit to the Landlord in the
amount of $______________________._______.
☐ - The Tenant is not required to pay a Pet Deposit.
f. Other.
☐ - The Tenant is required to pay a Deposit for ____________________
to the Landlord in the amount of $______________________._______.
☐ - The Tenant is not required to pay any other Deposit.
If the Tenant has paid a deposit to the Landlord, it shall be kept in a separate
☐ interest bearing ☐ non-interest bearing account for the benefit of the Tenant.
All deposits shall be returned to the Tenant within _____ days after the Tenant
has vacated the property or the end of the term, whichever is later. If the
Landlord withholds any amount of the deposit, the Landlord agrees to provide an
itemized list of any deductions.
VI. Late Payment. If the rent has not been paid in full by the due date the
Landlord has the right to:
☐ - Charge the Tenant a penalty of $______________________._______ per
day until the rent is paid in full.
☐ - Charge the Tenant a penalty of _________________ percent (_____%) of
the rental amount per day until the rent is paid in full.
*Note that many states provide for a maximum penalty that may be charged for
the late payment of rent, and that many states do not consider rent to be late until
a period of days have expired the agreed-upon due date.
VII. Utilities. Landlord and Tenant agree that the following utilities shall be the
responsibility of:
Cable - ☐ Landlord ☐ Tenant
Electricity - ☐ Landlord ☐ Tenant
Heat - ☐ Landlord ☐ Tenant
Internet - ☐ Landlord ☐ Tenant
Trash - ☐ Landlord ☐ Tenant
Water - ☐ Landlord ☐ Tenant
Other - ☐ Landlord ☐ Tenant
_______________________________________________________________.
VIII. Use of Property. The Tenant, along with any guests, shall use the property
solely for residential use and must obey all federal, state, and local laws in
addition to the rules and restrictions of the Landlord.
The Tenant and any guests, during the term of the Monthly Rental Agreement,
must always act in a manner that does not unreasonably disturb any neighbors
or breach the peace of the general public.
a. Alterations.
☐ - The Tenant may make alterations to the property with written
permission from the landlord stating the details of the improvement and
how it will be completed.
☐ - Under no circumstances is the Tenant allowed to make any
alterations to the property.
b. Pets.
☐ - The Landlord allows all types of pets on the property.
☐ - The Landlord only allows the following types of pets on the property:
__________________________________________________________.
☐ - The Landlord does not allow any type of pet on the property except
for those necessary for use by the disabled, elderly, or as prescribed by
law.
c. Guests.
Occupancy by more than _____ guests is prohibited unless the Tenant
obtains written permission from the Landlord.
Any guest on the property is allowed to stay for a period of _____ ☐ days
☐ months.
IX. Landlord’s Access to Premises. The Landlord may enter the property by
giving _______ ☐ days’ ☐ hours’ notice to the Tenant. Notice may be in
the mail, slipped under the door, or via cell phone. (Make sure to check current
applicable State Laws.) In addition to giving notice, the Landlord may also enter
the premises under any of the following conditions:
A. In any emergency situation that requires immediate action for the
preservation of the property;
B. If illegal activity is occurring on the property;
C. If Tenant unreasonably withholds consent; or
D. If the Tenant has vacated the property or has not been present for
more than fifteen (15) days.
X. Default. Either party may be considered in default through the following:
A. Landlord’s Default. The Landlord will be considered in default:
1. If a utility has been cancelled that is the responsibility of the
landlord.
2. If the Landlord prevents the Tenant from accessing the property.
3. If the Landlord makes any unnecessary repairs that are
considered a detriment to the tenant’s quiet enjoyment of the
property.
B. Tenant’s Default. The Tenant will be considered in default:
1. For failure to pay rent within three (3) business days of the due
date unless a “grace period” exists in the State. If such a grace
period does exist, then the Tenant will be in default if rent is not
paid by the end of the state grace period.
2. For causing severe damage to the property.
3. For Failure to follow any of the terms and conditions stated in
this lease agreement.
C. Waiver.
The Landlord may not accept rent or performance during the course of
terminating the lease agreement. If the Landlord does accept rent or
performance, the lease agreement is valid and enforceable by the
Tenant.
1. Tenant is not required to pay rent if the property is considered
uninhabitable. Furthermore, if, at the beginning of the lease
agreement, the Landlord fails to return the property to move-in
condition, then a partial rental payment may be accepted.
XI. Possession. The following shall take place after the authorization of the
lease agreement and payment of any applicable deposits or rental payments by
the Tenant:
1. Tenant shall receive immediate access to the property. If the Landlord
fails to grant occupancy, the Tenant has the right to terminate the
lease agreement and may have the option to seek damages.
2. Landlord shall grant possession of the property to the Tenant by
providing access to all of the following, but not limited to: doors,
mailboxes, common areas, trash areas, and storage facilities. If the
Tenant does not accept occupancy, the lease agreement will be
considered in default.
XII. Subleasing/Assigning. The Tenant is barred from subletting or assigning
any part of the property to another person or entity without the express written
consent of the Landlord.
XIII. Maintenance. The Tenant is required to maintain the same sanitary
condition throughout the term of the lease agreement as it was upon move-in. If
any necessary repairs are needed, it is the Tenant’s responsibility to inform the
landlord as soon as possible of any defect(s). In the event of any water leaks,
the Tenant has a duty to mitigate damage until necessary repairs have been
made.
XIV. Disclosure Addendums. Tenant agrees that the Landlord has shown them
the following documents by initialing below:
____ - State Disclosures described as _________________________________
____ - Lead Paint Disclosure Statement - For all structures built before 1978.
____ - Move-In Checklist
____ - Other described as ___________________________________________
____ - Other Addendums that are described as __________________________
________________________________________________________________
XV. Disclaimer. If any part, sentence, or section of the lease agreement is
considered invalid, the invalidity does not affect the parties from being legally
liable for the remaining terms and conditions.
XVI. Tenancy. If the Tenant misrepresented any claim in the lease agreement or
in the process of authorization, i.e. the “Rental Application,” the Tenant may be
found in violation of the Lease Agreement and be subject to default.
XVII. Time. Time is of the essence.
XVIII. Other Agreements. This legal document represents the entirety of the
terms and conditions by which each party must abide. Any other agreements or
deals made on behalf of the Landlord or any Tenant must be attached or
incorporated by reference to be considered legally enforceable.
XIX. Signatures. In the witness whereof, the Landlord and Tenant agree to the
terms and conditions to the executed lease agreement dated
_______ / ________ / ________ (Day/Month/Year)
Landlord’s Name (Printed) __________________________________________
Landlord’s Signature _________________________________ Date _________
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Tenant’s Name (Printed) __________________________________________
Tenant’s Signature _________________________________ Date _________
Tenant’s Name (Printed) __________________________________________
Tenant’s Signature _________________________________ Date _________
Tenant’s Name (Printed) __________________________________________
Tenant’s Signature _________________________________ Date _________
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Real Estate Agent Name (Printed) _____________________________________
Tenant’s Signature _________________________________ Date _________
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Notary'Acknowledgment'
!
State!of:!_______________________!
!
County!of:!______________________!
!
On!____/____/______,!before!me,!_________________________________________________,!
! ! ! ! ! ! ! ! (notary)!
!
Personally!appeared,!
!
Landlord'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''Tenant!
_________________________________!!!!!!!!!!!!!!!!!!!!!!!!!!!!!_________________________________!
Name:!__________________________!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!Name:!__________________________!
Date:!!!__________________________!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!Date:!!__________________________!
!
☐!Personally!known!to!me!!
!
OR!
!
☐Proved!to!me!on!the!basis!of!satisfactory!evidence!to!be!the!person(s)! whose!
name(s)!is/are!subscribed!to!the!within!instrument!and!has!hereby!acknowledged!
to!me!that!he/she/they!have!executed!the!same!in!his/her/their!authorized!
capacity(ies),!and!that!by!his/her/their!signature(s)!on!the!instrument!the!
person(s)!or!the!entity!upon!behalf!of!which!the!person(s)!acted,!executed!the!
instrument.!
!
Witness'my'hand'and'official'seal'
'
!
_______________________________________________!
Notary!Signature!
!
!
_______________________________________________!
Print!Name!
!
!!!!!!!!!!!!!
