South Dakota Landlord Required Disclosures: Complete Checklist

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

Under SDCL § 43-32-30, any landlord with actual knowledge that methamphetamine was previously manufactured in a residential unit must disclose this information in writing to prospective tenants before a lease is signed.

• Scope: This applies specifically to the unit where the activity occurred, not necessarily the entire building.
• Remediation: Even if the unit has been cleaned, disclosure is required if the landlord has knowledge of the prior manufacturing.
• Standard: The law requires "actual knowledge." Landlords are not required to conduct independent testing or background checks to uncover hidden history.

2. Landlord and Manager Identity (SDCL § 43-32-3.1)

Landlords must disclose the name and address of:

• The person authorized to manage the premises.
• The owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving notices and demands.
• This information must be provided in writing at or before the commencement of the tenancy.

3. Forwarding Address Confidentiality (SDCL § 43-32-24.1)

Updated in 2024, this unique South Dakota statute protects tenant privacy:

• Mandatory Secrecy: Any forwarding address provided by a tenant to the landlord for the purpose of returning a security deposit must be kept confidential.
• Prohibition: The landlord cannot share this address with third parties (e.g., debt collectors or subsequent landlords) without the tenant's written consent, unless required by court order.

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

While technically a "notice requirement" rather than a one-time disclosure, South Dakota law sets a clear standard for privacy:

• Reasonable Notice: Landlords must provide "reasonable notice" before entry.
• 24-Hour Presumption: The law presumes that 24 hours' written notice is reasonable.
• Exceptions: No notice is required for emergencies (fire, flood) or if the tenant has abandoned the property.

5. Federal Lead-Based Paint Disclosure

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 hazards.
• Include a lead warning statement in the lease signed by the tenant.

Best Practices

1. Include Disclosures in the Lease: Avoid separate loose sheets. Incorporate the Meth and Identity disclosures directly as lease addendums.
2. Document the 24-Hour Notice: If you enter for a repair, keep a copy of the 24-hour notice you sent (email or text is generally acceptable if the lease allows).
3. Privacy Training: Ensure your property management staff knows that sharing a former tenant's forwarding address is a violation of state law (SDCL 43-32-24.1).

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