Landlord-Tenant - Sublease

SUBLETTING 

Subletting is basically the same as a regular lease, with an added step. When subletting takes place; there is a landlord, tenant, and subtenant. The subtenant rents from the tenant, and the tenant rents from the landlord. South Dakota landlord-tenant law currently does not specifically address subletting. If subletting is not prohibited in your existing lease agreement, it is best to ask the landlord for permission before subletting.

  

What if I want to sublet to someone? 

  • Read your existing lease and discuss with your landlord if subletting is allowed. If it is allowed, and the landlord approves, make sure to get written consent from them.  

  • Discuss with your landlord and agree on whether they are allowed to screen and reject prospective subtenants. 

  • Discuss with your landlord and agree on whether they can ask for additional rent money and security deposit money if they are to allow a subtenant. 

  • If your sublease is going to be longer than one year, it must be in writing, must be signed by you, and should be signed by your subtenant.  

What if I want to sublet from someone? 

  • Communicate with your intended lessor and make sure that they are allowed to sublease, and that they have discussed the points mentioned above: What if I want to sublet to someone? 

What should I do to protect myself? 

  • Save all documentation, letters, and communication you receive or write about the property in question. Save copies of everything. 

  • Put in writing all “side deals” or agreements outside the original lease and sublease. 

  • Know the terms of the initial lease and sublease.  

  • Attend all hearings to defend your rights. 

For more specific information on your situation, it is best to speak to a licensed, competent attorney to best suit your needs. Anyone can apply for free legal services at South Dakota Law Help.  

Additional Resources 

South Dakota Codified Law on Leases of Real Property - SDCL § 43-32  

  

South Dakota Consumer Protection - Landlord/Tenant Information 

Landlord Tenant Law - South Dakota Landlord Tenant Law  

 

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Housing Landlord/Tenant Rights
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Subletting.pdf

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