South Dakota Mandatory Rental Disclosures

1. Lead-Based Paint Disclosure

If this property was built before 1978, the following applies:

• Month2Month will disclose any known lead-based paint or lead-based paint hazards in the property prior to lease execution.
• Month2Month will provide all available records and reports pertaining to lead-based paint in the property.
• The tenant will receive a copy of the EPA-approved pamphlet "Protect Your Family from Lead in Your Home."

For more information: National Lead Information Center at 1-800-424-LEAD (5323) or www.epa.gov/lead.

2. Security Deposit

Deposit Limits

Pursuant to South Dakota Codified Laws §43-32-6.1, the total amount of security deposits held by the landlord may not exceed an amount equal to one month's rent. No additional deposits may be collected that would cause the total to exceed this statutory limit.

Permitted Uses

Your security deposit may be used for: unpaid rent; repair of damages to the premises caused by the tenant beyond normal wear and tear; cleaning necessary to restore the unit to the condition at the start of tenancy (normal wear and tear excepted); and restoration or replacement of keys, access devices, or personal property of the landlord.

Return of Deposit

Pursuant to SDCL §43-32-24, Month2Month must return the security deposit or deliver a written, itemized statement of deductions within 14 days after the termination of the tenancy and receipt of the tenant's forwarding address (or within two weeks after the tenancy terminates, whichever is later). If any portion is withheld, you will receive an itemized list specifying the nature and amount of each deduction.

Disputes

If you dispute any deduction, contact Month2Month in writing within 7 days. If the dispute cannot be resolved, you may file a claim in small claims court.

3. Landlord and Property Manager Information

South Dakota law requires landlords to identify themselves and any agents authorized to act on their behalf. The tenant is entitled to know the name and address of the property owner and the person authorized to manage the premises and to receive service of process.

Your lease agreement contains the specific owner information, property manager contact information, emergency maintenance contact, and the person authorized to receive service of process for your property. Month2Month serves as the property manager for all properties in our portfolio.

General Contact: [email protected]

4. Smoke Detectors

South Dakota law requires operable smoke detectors in every residential rental unit. Smoke detectors must be installed in compliance with state law and applicable building codes, including on each level of the dwelling and near sleeping areas.

Tenant Responsibilities

• Do not disable, disconnect, cover, or tamper with any smoke detector.
• Test all devices monthly by pressing the test button.
• Report immediately if any device is chirping, not functioning, or missing.
• Do not remove batteries.

Month2Month is responsible for ensuring all devices are operable at the beginning of each tenancy. The tenant is responsible for maintaining smoke detectors during the tenancy, including replacing batteries as needed, unless the detector is hardwired or uses a sealed long-life battery.

5. Mold Disclosure

While South Dakota does not have a specific mold disclosure statute, landlords have a general obligation to maintain rental properties in habitable condition. Mold can cause health problems, especially for people with allergies, asthma, or weakened immune systems.

Month2Month is not aware of any mold in the rental property that poses a health threat at the time of your lease. If mold is discovered during your tenancy, Month2Month will take appropriate remediation action.

Tenant Responsibilities to Prevent Mold

1. Ventilate your home: Open windows regularly, use exhaust fans in bathrooms and kitchens, and ensure air circulation.
2. Control moisture: Wipe up spills and leaks immediately, do not let water accumulate, and report any leaks or water damage to Month2Month immediately.
3. Use heating and air conditioning: Maintain reasonable temperatures and use climate control systems to reduce humidity.
4. Clean regularly: Regular cleaning prevents mold from establishing itself.
5. Report problems immediately: If you see mold, smell musty odors, or notice water damage, report it to Month2Month right away.

6. Bed Bug Disclosure

South Dakota landlords have a general obligation to maintain rental premises in habitable condition, which encompasses pest-free conditions. Month2Month provides the following information to help tenants identify and prevent bed bug issues.

Identification

Bed bugs have six legs and flat bodies about 1/4 inch long, ranging from red-brown to copper colored. They do not fly but move quickly over surfaces. They hide in mattress seams, box springs, bed frames, headboards, furniture crevices, baseboards, and wall cracks. They feed on human blood at night.

Signs of Infestation

Look for small blood stains on sheets, dark spots (excrement) on mattresses or walls, shed skins, and a sweet musty odor. Bites may appear as red, itchy welts in a line or cluster, though some people do not react.

Prevention

• Inspect your mattress, box spring, and bed frame regularly.
• When traveling, inspect hotel rooms and luggage before returning home.
• Do not bring used mattresses or upholstered furniture into the home without thorough inspection.
• Reduce clutter to eliminate hiding places.

Month2Month has no knowledge of any bed bug infestation in your specific rental unit. If Month2Month becomes aware of bed bug infestation during your tenancy, you will be notified immediately.

7. Domestic Violence Protections

Federal Violence Against Women Act (VAWA) Protections

Under the federal Violence Against Women Act, a tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking cannot be evicted or denied housing solely because of criminal activity related to domestic violence. These protections apply regardless of whether the state has additional specific statutes.

Right to Request Lock Changes

A victim tenant may request that the landlord change the locks to the dwelling unit. Month2Month will change the locks promptly upon receiving a written request accompanied by qualifying documentation such as a protection order or police report.

Protection Orders

South Dakota courts may issue protection orders under SDCL §25-10 that may include provisions granting the petitioner exclusive possession of the shared residence. Month2Month will comply with all valid court orders.

Confidentiality

Month2Month will maintain the confidentiality of any information provided by a tenant who is a victim. Documentation provided will be kept in a secure file and will not be disclosed to third parties except as required by law.

Resources

• National Domestic Violence Hotline: 1-800-799-7233 (TTY: 1-800-787-3224)
• National Sexual Assault Hotline: 1-800-656-4673
• South Dakota Network Against Family Violence and Sexual Assault: www.sdnafvsa.com · 1-800-572-9196
• South Dakota Crime Victims' Compensation: dss.sd.gov

8. Furnished Property Disclosure

All Month2Month rental properties are provided fully furnished. All furniture, appliances, fixtures, and household items in the property are the property of Month2Month or the property owner and are provided for your use during the term of your lease.

Your Responsibilities

• Maintain all furnished items in the same condition as received, allowing for ordinary wear and tear.
• Use all items for their intended purpose only.
• Do not remove any furnished items from the property.
• Report any damage to furnished items within 48 hours of discovery.
• Do not repair or replace items yourself without prior written approval.

Damage vs. Normal Wear and Tear

Replacement Responsibility

• Tenant-caused damage: Tenant is responsible for the cost of repair or replacement (at depreciated value) of items damaged beyond normal wear and tear. Costs may be deducted from the security deposit.
• Missing items: Tenant is responsible for full replacement cost.
• Normal wear items: Month2Month replaces items that reach end-of-life through normal use.
• Appliance malfunction: If an appliance fails due to normal use or age, Month2Month is responsible for repair or replacement.

Cleaning Standards

The property must be returned in the same level of cleanliness as at move-in. Maintain the kitchen, bathrooms, floors, furniture, and linens in clean condition throughout your tenancy. If professional cleaning is required beyond what is attributable to normal wear and tear, cleaning costs may be deducted from the security deposit.

Inventory

A detailed furniture and household inventory checklist will be provided at move-in. Month2Month will document the condition of all items through photography. You will receive a copy of the move-in condition report.

9. Tenant Rights and Responsibilities

Your Rights

1. Habitable Housing: Your rental unit must meet basic health and safety standards. South Dakota law requires landlords to comply with building and housing codes materially affecting health and safety, maintain the premises in a fit and habitable condition, and keep common areas in a clean and safe condition. (SDCL §43-32-8)
2. Privacy: Your landlord must give at least 24 hours' notice before entering your unit (except in emergencies) and may only enter at reasonable times for lawful purposes. (SDCL §43-32-32)
3. Return of Security Deposit: Your deposit must be returned within 14 days after move-out (or within two weeks of receiving your forwarding address), with an itemized statement of any deductions. (SDCL §43-32-24)
4. Freedom from Discrimination: You cannot be discriminated against based on race, color, creed, religion, sex, ancestry, disability, familial status, or national origin. (SDCL §20-13-20 — South Dakota Human Relations Act)
5. Freedom from Retaliation: Your landlord cannot retaliate against you for exercising your legal rights, including complaining about conditions or contacting government agencies. (SDCL §43-32-27)
6. Repairs and Maintenance: You have the right to request repairs for conditions that affect habitability. If the landlord fails to maintain essential services, you may have the right to remedies including obtaining substitute services. (SDCL §43-32-9)
7. Protection from Unlawful Eviction: Your landlord must follow proper legal procedures for eviction. South Dakota requires a three-day notice for nonpayment of rent and allows forcible entry and detainer actions only through the court system. (SDCL §21-16)

Your Responsibilities

1. Pay rent in full and on time.
2. Keep the unit clean and sanitary.
3. Avoid damaging the property beyond normal wear and tear.
4. Promptly report maintenance issues, leaks, mold, pests, or safety hazards.
5. Allow reasonable access for repairs and inspections with proper notice.
6. Comply with all lease terms including occupancy limits, pet policies, and use restrictions.
7. Avoid creating nuisances or disturbing other residents.
8. Provide proper notice before moving out and return the property in clean condition.
9. Use all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances in a reasonable manner. (SDCL §43-32-12)

Resources

• South Dakota Attorney General — Consumer Protection: atg.sd.gov
• East River Legal Services: www.erlservices.org · 1-800-952-3015
• Dakota Plains Legal Services: www.dpls.org · 1-800-658-2297
• South Dakota Division of Human Rights: dlr.sd.gov/humanrights
• Domestic Violence Hotline: 1-800-799-7233
• Fair Housing (HUD): 1-800-669-9777