South Dakota Landlord Responsibility Statement

Effective Date: November 1, 2025
Jurisdiction: State of South Dakota
Applies To: All landlords, property managers, agents and listing entities using Tentunit to list residential rental properties (including student-housing, young-professional and conventional rentals) in South Dakota.

1. Purpose

This Statement defines the operational, legal and ethical obligations that landlords must meet when listing properties via Tentunit in South Dakota. Use of the Tentunit platform constitutes the landlord’s acceptance of this Statement, Tentunit’s Terms of Service, Payment Terms, the Fair Housing & Equal Access Policy, and all applicable federal, state and local laws. This document is not legal advice; landlords should consult qualified counsel for full compliance.

2. Listing Accuracy, Transparency & Advertising Standards

Landlords must ensure all listings on Tentunit are truthful, complete, and up-to-date, accurately reflecting the unit and terms being offered.

Required Disclosures

Clearly state monthly rent, lease term (start and end or renewal/notice term), and earliest availability date.
Disclose all one-time and recurring fees: application/screening fees, move-in/administrative fees, pet deposits/fees, parking/amenity charges, utilities allocation or sub-metering (if applicable).
Disclose security deposit amount (or any fee in-lieu if accepted) and conditions for return or deduction, including timeline.
Specify utilities: which utilities tenant will pay vs landlord; if sub-metered or allocated, explain the method.
Provide photographs and descriptions that reflect the actual unit offered, not just a model unit unless clearly designated and equivalent.
Provide screening criteria up front: income threshold, credit/rental history requirement, guarantor/co-signer policy, student eligibility or roommate policy (if relevant).
Confirm availability: the listed unit must genuinely be available for lease. If status changes (leased, held, unavailable) promptly update or remove the listing.

Prohibited Practices

Advertising units that are not genuinely available without prompt updating of status.
Misrepresenting key facts: number of bedrooms/bathrooms, square footage, condition, finishes, views or amenities.
Using “starting at” or “from” pricing without full disclosure of eligibility, timing and unit availability.
Omitting material fees such that a reasonable renter is misled about the total cost.
“Bait-and-switch” or materially changing unit offered/terms without disclosure.

Legal/Regulatory Context

South Dakota’s landlord-tenant relationship is governed by, among other provisions, the South Dakota Codified Laws (SDCL) Chapter 43-32 (Residential Landlord-Tenant Act). Listings must also comply with federal truth-in-advertising standards and consumer protection law.

3. Fair Housing & Equal Access

Landlords must comply with:

The federal Fair Housing Act (42 U.S.C. § 3601 et seq.).
South Dakota non-discrimination statutes (e.g., SDCL § 20-13-20) prohibiting discrimination on basis of race, color, religion, sex, national origin, disability, familial status, ancestry.

Landlords must:

Use neutral, consistently enforced screening criteria for all applicants, regardless of protected classes.
Provide reasonable accommodations/modifications for persons with disabilities when required by law.
Avoid discriminatory or exclusionary language in advertising, screening, communications or leasing decisions.
Maintain documentation of screening criteria, decisions, and any accommodation/modification requests.

4. Communication Standards & Platform Responsiveness

To align with Tentunit’s student/young-professional rental focus and maintain platform integrity:

Acknowledge listing inquiries, application submissions, maintenance/repair requests via Tentunit (or another documented channel) within 24 hours, with follow-up within 48 hours.
Keep applicants informed of status (approved, denied, wait-list) and keep tenants informed about scheduled entries, inspections, maintenance or any changes in lease/house-rules.
Ensure listing data remains current changes to rent, fees, availability, utilities or policies must be promptly updated.
Conduct all communications in a professional, respectful and nondiscriminatory manner. Repeated failures to respond or discriminatory or abusive behavior may result in listing suspension or account termination by Tentunit.

5. Lease Execution, Legal Compliance & Contract Terms

All leases executed via Tentunit (or for units listed via Tentunit) in South Dakota must comply with state law and reflect best practice standards.

Required Lease Elements & Obligations

While South Dakota law allows lease agreements both written and oral for residences, for clarity, enforcement and platform integrity a written lease is strongly recommended.
Lease must include full legal names and addresses of the landlord/agent responsible for notices and service of process.
Lease must clearly specify: rent amount & due date; term (fixed/periodic); renewal/termination mechanics; security deposit amount & return conditions; all recurring/one-time fees; utility responsibilities; screening criteria; and, for student/young-professional housing, roommate/shared-housing rules, sub-letting policy, early-termination options.
Include required disclosures: for example, federal Lead-Based Paint hazard disclosure for units built before 1978; local required disclosures if applicable.
The lease must not include terms waiving tenant’s statutory rights or permitting unlawful “self-help” eviction (lock-outs, utility shut-off) — South Dakota law prohibits such actions.
Termination/notice provisions must align with state law: e.g., for month-to-month tenancy, rent increase or lease modification generally requires 30 days’ notice and tenant may terminate with 15 days’ notice.

6. Habitability, Maintenance & Repair Obligations

Landlords must deliver and maintain leased premises in safe, habitable, clean, and code-compliant condition under South Dakota law.
Key obligations include:

Maintain structural components: roof, walls, floors, windows/doors, stairways/porches/handrails in safe condition.
Provide functioning and safe utilities/systems if required by lease or implied: plumbing, electrical, sanitation, secure locks/egress.
Respond timely to tenant-reported conditions materially affecting health or safety. Tenants have rights if landlord fails to maintain.
Maintain documentation: repair requests date/time, vendor/work-order, completion date/time, tenant notifications, before/after photographs.
Landlord must not retaliate against tenant for exercising rights (repair requests, deposit claims, complaint filing).

7. Entry, Inspections & Tenant Privacy

Landlords must respect tenant’s right to quiet enjoyment and ensure access/entry is lawful, documented and reasonable.

Tenant has right to prior notice for non-emergency entry; industry best practice (and strongly recommended for Tentunit compliance) is at least 24 hours’ notice and entry during reasonable hours (e.g., 8 a.m.–8 p.m.). This aligns with state guidance for reasonable inspections.
Entry permitted for legitimate reasons: repairs, inspections, showing unit to prospective tenants/purchasers, agreed improvements, or as provided in lease.
Landlord should document: notice of entry (date/time), actual entry (date/time), purpose, persons present, condition observed; photographic evidence where feasible.
At move-out, offering a walkthrough inspection with tenant and using a signed condition checklist with date-stamped photographs is strongly recommended to support deposit deductions and avoid disputes.

8. Security Deposit Handling & Administration

South Dakota law under SDCL Chapter 43-32 (specifically §§ 43-32-24, and deposit-limits § 43-32-6.1) governs security deposits.
Key rules include:

Maximum deposit: A landlord may not require or hold a security deposit in excess of one (1) month’s rent, unless special conditions exist that pose a danger to maintenance of the premises; in such cases a higher deposit can be agreed upon by the parties.
Return timeline: The landlord must, within 14 days after termination of the tenancy and receipt of the tenant’s forwarding address or delivery instructions, either return the security deposit (or remainder) or give a written statement of the specific reason(s) for withholding any part of the deposit.
Itemized accounting: Upon tenant request, the landlord must provide an itemized accounting of deductions from the deposit within 45 days after termination of tenancy.
Permissible deductions: Landlords may withhold only amounts that are “reasonably necessary” to remedy tenant defaults in payment of rent or other sums due or to restore the premises to its condition at commencement of tenancy (ordinary wear and tear excepted). § 43-32-24.
Interest/holding account: South Dakota law does not require deposits to be held in a separate or interest-bearing account.
Penalties for non-compliance: If a landlord fails to comply with the deposit-return provisions, the landlord forfeits the right to withhold any portion of the deposit; may also be liable for additional damages (e.g., up to $200) plus attorney’s fees and court costs.

Tentunit Requirements for Landlords in South Dakota

Use a move-in condition checklist, signed by landlord/agent and tenant, with dated photographs at the start of tenancy.
Clearly disclose in listing and lease: the security deposit amount; conditions for deduction; timeframe and process for return; tenant forwarding address requirement.
Maintain full deposit-handling documentation: deposit collected (date & amount); forwarding address documentation; itemized deduction list (if any); refund date and method of delivery.
Ensure deposit is either returned (or remainder) or statement of deductions is sent within 14 days of lease termination + receipt of forwarding address.
Avoid mislabeling any portion of deposit as “non-refundable” unless clearly lawful and disclosed; ensure transparency in listing and lease.
On transfer of property/management during tenancy: ensure proper handling or transfer of deposit per state law (while SD may not strictly require separate statute on transfer, best practice is to notify tenant and ensure deposit continuity).

9. Student-Housing & Young-Professional Specific Standards

Because Tentunit’s focus is on student and young-professional renters, landlords must adopt additional elevated standards:

In listings, clearly disclose: proximity to the campus/university; transit/parking policy/costs; sub-letting or early-termination/release policy; roommate/shared-housing rules if applicable; renewal/non-renewal process.
Provide digital onboarding materials tailored for younger renters: move-in orientation, roommate/shared-housing rules, utility/Internet setup instructions, local transport/campus orientation, emergency contact information.
Avoid practices that could be viewed as predatory toward students/young professionals (e.g., excessive non-refundable fees, opaque early termination clauses, forced guarantor/co-signer without alternative).
Maintain mobile/app-friendly communication channels, quick responsiveness, clear roommate/house-rule expectations.
House-rules (shared spaces, cleaning schedules, guest/noise policy, roommate obligations) must align with statutory tenant protections, clearly disclosed in listing and lease, enforced fairly and consistently.

10. Documentation, Audit, Compliance & Platform Enforcement

Landlords must operate at institutional-level compliance and maintain full documentation; Tentunit retains strong enforcement rights.

Record-Keeping Requirements

Landlords must maintain for each unit/tenancy:

Listing metadata: upload date, photo version history, fee schedule changes, availability updates.
Screening/application logs: inquiry dates/times, criteria applied, applications received, approvals/denials, communications stored.
Executed lease file: signed lease (digital or paper), any amendments/renewals, disclosures, guarantor/co-signer documentation if applicable.
Maintenance/repair logs: tenant request date/time, vendor/work order number, completion date/time, tenant notifications, before/after photographic evidence.
Entry/inspection logs: notice sent date/time, actual entry date/time, purpose of entry, persons present, condition observed, photographs where applicable.
Security deposit records: deposit amount & date collected; forwarding address provided by tenant; itemized deduction statements (if any); refund date and method proof.
Communication logs: listing inquiries, application status updates, maintenance scheduling, entries/inspection notices, lease renewal/termination communications via Tentunit portal or other documented channel.

Enforcement Rights of Tentunit

Tentunit may:

Audit landlord compliance (listing practices, lease documentation, maintenance/entry logs, deposit handling) at any time without prior notice.
Suspend or remove listings for material or repeated non-compliance with this Statement, Tentunit’s policies or South Dakota/federal law.
Freeze or withhold landlord payouts tied to units flagged for unresolved compliance issues (e.g., deposit disputes, habitability complaints).
Terminate landlord’s platform account permanently for serious or repeated violations.
Report non-compliance or unlawful conduct to relevant regulatory or enforcement agencies (e.g., South Dakota Department of Consumer Affairs) when applicable.
Seek recovery of damages, attorneys’ fees and enforcement costs where permitted by law.

11. Indemnification

Landlord agrees to defend, indemnify and hold harmless Tentunit, its affiliates, officers, directors, employees, agents and contractors from and against any and all claims, liabilities, losses, damages, costs or expenses (including reasonable attorneys’ fees) arising out of or related to:

Landlord’s breach of this Statement or any Tentunit policy;
Landlord’s violation of any federal, state or local housing/tenant-landlord law/regulation;
Landlord’s mis-representation of listing, unit condition, availability, terms or fees;
Tenant claims or disputes arising from landlord’s acts or omissions;
Platform investigations or regulatory enforcement triggered by landlord non-compliance.

12. Governing Law & Reference Statutes

South Dakota Statutes & Reference Materials

S.D. Codified Laws § 43-32-24 – Security deposits: deposit return timeframe, permissible deductions.
S.D. Codified Laws § 43-32-6.1 – Security deposit maximum (1 month’s rent) unless special conditions.
South Dakota Consumer Protection – Landlord/Tenant FastFacts.
Nolo overview: South Dakota Landlord-Tenant Law.

Federal Law Foundations

Fair Housing Act (42 U.S.C. § 3601 et seq.)
Lead-Based Paint Hazard Reduction Act (dwellings built before 1978)
Servicemembers Civil Relief Act (SCRA) for eligible tenants