South Dakota Landlord Required Disclosures: Complete Checklist

Rooted in the property rights established by the South Dakota Constitution (effective 1889), South Dakota law requires landlords to provide specific information to tenants to ensure transparency regarding property management and potential health hazards. While the list is shorter than in some states, failure to disclose these items can lead to lease termination or civil penalties.

1. Methamphetamine Manufacturing Disclosure (SDCL § 43-32-30)

In any hiring of a residential premises, any lessor who has actual knowledge of the existence of any prior manufacturing of methamphetamines on the premises shall disclose that information to any lessee or any person who may become a lessee.

• Scope: If the residential premises consists of two or more housing units, the disclosure requirements provided by this section only apply to the unit where there is knowledge of the existence of any prior manufacturing of methamphetamines.
• Standard: The law requires "actual knowledge." Landlords are not required to conduct independent testing or background checks to uncover hidden history.

2. Landlord Entry and Notice (SDCL § 43-32-32)

Except in case of an emergency or if it is impracticable to do so, a landlord or landlord's agent shall give the tenant reasonable notice of the landlord's intent to enter and enter only at reasonable times.

• 24-Hour Presumption: Twenty-four hours written notice is presumed to be a reasonable notice unless alternate methods of notification or times for entry are mutually agreed upon between the landlord and tenant in the lease.
• Notice Requirements: The notice shall specify the date or dates of entry, a period of time during normal business hours for entry, and the purpose of intended entry.
• Rescheduling: The notice shall also specify a means for which the tenant may request to reschedule the entry.

3. Limited Forwarding Address Confidentiality (SDCL § 43-32-19.2)

If in accordance with a termination authorized by SDCL § 43-32-19.1 (related to domestic abuse, sexual assault, or stalking) a tenant provides to the landlord a forwarding address or other contact information, the landlord may not disclose that information to any person except with the consent of the tenant or as required by law.

Note: SDCL § 43-32-24.1 applies only to commercial premises and does not govern general residential forwarding address privacy.

4. Federal Lead-Based Paint Disclosure (42 U.S.C. § 4852d)

For any residential property built before 1978, landlords must:

• Provide the EPA-approved pamphlet "Protect Your Family from Lead in Your Home."
• Disclose any known lead-based paint or hazards.
• Include a Lead Warning Statement in the lease signed by the tenant.

Best Practices

1. Include Disclosures in the Lease: Incorporate the Meth disclosure directly as a lease addendum to ensure a clear paper trail.
2. Document the 24-Hour Notice: Ensure your entry notices specify the date, time window, purpose, and a way for the tenant to reschedule as required by SDCL § 43-32-32.
3. Privacy Training: Ensure your property management staff knows that sharing a former tenant's forwarding address is a violation of state law if that tenant is a victim of domestic abuse, sexual assault, or stalking (SDCL § 43-32-19.2).

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