South Dakota Landlord Required Disclosures: Complete Checklist

South Dakota requires landlords to make several important disclosures to tenants before or at the start of a tenancy. While South Dakota's disclosure requirements are less extensive than some states, failure to comply can expose landlords to legal liability.

Required Disclosures Summary

Methamphetamine Manufacturing Disclosure

What's Required Under SDCL §43-32-30, any landlord with actual knowledge that methamphetamine was previously manufactured on the premises must disclose this information to:

• Prospective tenants — before the lease is signed
• Current tenants — if the landlord becomes aware during the tenancy

Multi-Unit Properties

If the property contains multiple units, this disclosure only applies to the specific unit where the methamphetamine manufacturing occurred — not the entire building.

Key Points

• The disclosure must be made if the landlord has actual knowledge — there is no duty to investigate
• Landlords should document the disclosure in writing for their records
• Properties that have been properly remediated according to state guidelines may still require disclosure of the prior contamination

Lead-Based Paint Disclosure (Federal)

Applicability All properties built before 1978 are subject to federal lead-based paint disclosure requirements under the Residential Lead-Based Paint Hazard Reduction Act of 1992.

What Landlords Must Do

1. Disclose known hazards — Inform tenants of any known lead-based paint or lead-based paint hazards in the property
2. Provide records — Share any available records, reports, or assessments related to lead-based paint
3. Distribute the EPA pamphlet — Give tenants a copy of the EPA pamphlet "Protect Your Family from Lead in Your Home"
4. Include lease language — The lease must contain specific disclosure language and be signed by both parties
5. Allow inspection period — Tenants must be given a 10-day period to conduct a lead-based paint inspection (can be waived by the tenant)

Exemptions

• Properties built in 1978 or later
• Housing for the elderly (unless children reside there)
• Zero-bedroom units (studios, lofts)
• Short-term vacation rentals (100 days or less)
• Renewals of existing leases where disclosure was already made

Property Manager Identity

Landlords must provide tenants with the names and addresses of all persons authorized to manage the property and act on the landlord's behalf. This ensures tenants know who to contact for:

• Maintenance requests
• Rent payments
• Emergency situations
• Legal notices

Entry Notice Requirements

Under SDCL §43-32-32, landlords must provide reasonable notice before entering a tenant's dwelling unit. South Dakota law presumes that 24 hours' written notice is reasonable unless:

• Different notification terms are mutually agreed upon in the lease
• An emergency exists that requires immediate entry
• The tenant has abandoned the property

Best Practices for Entry

• Always provide written notice — even when the lease allows alternative arrangements
• Specify the date, approximate time, and reason for entry
• Enter only during reasonable hours (typically business hours)
• Keep records of all entry notices provided

Forwarding Address Confidentiality

When a tenant provides a forwarding address upon terminating a lease, the landlord is prohibited from disclosing that address to any third party unless:

• The tenant provides written consent
• The disclosure is required by law or court order

This protection is unique to South Dakota and helps protect tenant privacy after move-out.

Comparison with Neighboring States

Best Practices for Landlords

1. Create a disclosure checklist — Use a standardized form that covers all required disclosures
2. Get signatures — Have tenants sign and date each disclosure for your records
3. Keep copies — Store signed disclosures with the lease agreement
4. Update as needed — If you become aware of meth contamination or lead paint during a tenancy, disclose immediately
5. Don't guess — If you're unsure about a disclosure, consult with a local attorney
6. Consider voluntary disclosures — Even where not required, disclosing known issues builds trust and reduces legal risk

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