Legal Forms HQ
Real EstateSouth Dakota

South Dakota Rental Application

Quick answer: a South Dakota rental application needs the applicant's signed consent to screening (federal FCRA requirement). The sources this page relies on cite no specific South Dakota application fee limit, so charge the actual screening cost and disclose it up front. Details below.

A rental application collects what a South Dakota landlord needs to screen a prospective tenant: identity, addresses, employment and income, references, and signed consent to background and credit checks. No specific South Dakota statutory fee limit is cited on this page, so charge the actual screening cost and disclose it up front.

This template produces a complete, uniform application: use the same form for every applicant, apply written criteria in the order received, and download it in Word and PDF.

South Dakota application fee and screening rules

South Dakota rental application rules at a glance
Application fee limitNo statutory limit cited on this page: charge the actual screening cost, disclose it up front, and check local ordinances.
Consent to screeningRequired everywhere: the federal Fair Credit Reporting Act demands the applicant's written authorization before a credit or background report is pulled.
Rejection paperworkIf a consumer report contributes to a rejection, a higher deposit, or a co-signer requirement, federal law requires an adverse action notice naming the screening company and the applicant's rights.

Verify before you rely on it

Screening and fee statutes change, and cities increasingly regulate application fees, screening criteria, and source-of-income discrimination on top of state law. Confirm the current South Dakota rule in the statute cited above and check your local ordinances before collecting a fee or rejecting an applicant.

Rental application requirements in South Dakota

Before any lease exists, the rental application does the legal heavy lifting: it collects what a South Dakota landlord may lawfully consider, documents the applicant's consent to screening, and creates the record that proves every applicant was evaluated the same way. Two rule sets sit on top of the form itself: state limits on application fees, and the federal rules that govern consumer reports and rejections.

South Dakota does not impose a specific application fee limit in the sources this page relies on, so the practical rule is restraint: charge what the screening actually costs, disclose it before collecting it, and give a receipt. Cities can regulate fees even where the state does not, so check local ordinances too.

Whatever South Dakota says about fees, the Fair Credit Reporting Act governs the screening itself: written consent before the landlord pulls a consumer report, and a formal adverse action notice whenever a report contributes to a rejection, a larger deposit, or a co-signer requirement. The notice must identify the screening company and explain the applicant's rights to a free copy and a dispute. The consent signature on the application is what makes the whole process lawful.

Fair housing law shapes what the form may ask. The federal Fair Housing Act protects race, color, national origin, religion, sex, familial status, and disability, and South Dakota or local law may add categories such as source of income, age, or marital status. The application should collect financial and rental history facts, not household composition preferences, and every applicant for the same unit should get the same form, the same fee, and the same criteria, applied in the order received.

Write the screening criteria down before the first application arrives: minimum income ratio, credit expectations, rental history requirements, and how co-signers are handled. Written criteria decided in advance are what turn a rejection from an argument into a documented business decision, and several states and cities now require disclosing them to applicants up front.

Handle the data like the sensitive record it is. An application carries Social Security numbers, income figures, and employer details, so store it securely, share it only with the screening service, and keep rejected applications (with the criteria applied) for at least two years, the federal fair housing limitations period most practitioners plan around. Do not reuse a report obtained for one applicant to evaluate another.

Step by step: preparing your South Dakota rental application

Screening works when it is a process, not a judgment call per applicant. These are the steps in South Dakota.

  1. Fix the criteria in writing first. Decide the income ratio, credit expectations, rental history requirements, and co-signer policy before advertising. Applying criteria decided in advance, in the order applications arrive, is the core of fair housing compliance.
  2. Use the same application for everyone. One form, identical for every applicant: identity, addresses, employment and income, references, and the signed consent to background and credit checks. Never collect extra information from some applicants and not others.
  3. Collect the fee within the rules. No specific South Dakota statutory limit is cited on this page, so charge the actual screening cost, disclose it before collecting, give a receipt, and check local ordinances, which sometimes regulate fees where the state does not.
  4. Run the screening with proper consent. Order the credit and background reports only after the applicant has signed the authorization on the application. Verify income with documents (pay stubs, an employment letter, or bank statements) and actually call the previous landlord; the reference no one checks is the one that mattered.
  5. Decide and document. Apply the written criteria to the file and record the result. If a consumer report contributes to a rejection, a higher deposit, or a co-signer requirement, send the FCRA adverse action notice with the screening company's details and the applicant's rights.
  6. Keep the records, protect the data. Store applications and screening results securely, keep rejected files with the criteria applied for at least two years, and destroy sensitive data you no longer need. The next document is the lease itself, which this site also builds for South Dakota.

How this template works in South Dakota

Fill in the property and the questions once, and hand the same application to every South Dakota applicant: identity, employment, income, rental history, and the signed consent to screening. Download it in Word and PDF and keep completed applications with your written criteria.

The form, the live preview, and the full guide live on the main Rental Application page.

South Dakota rental application FAQ

How much can a landlord charge for a rental application in South Dakota?

The sources this page relies on cite no specific South Dakota statutory limit, so the practical rule is the actual cost of screening, disclosed before it is collected, with a receipt. Some cities cap or regulate application fees even where the state does not, so check local ordinances.

Can a landlord run a credit check without the applicant's permission in South Dakota?

No. The federal Fair Credit Reporting Act requires the applicant's written authorization before a landlord obtains a credit or background report, in every state. That is exactly what the consent signature on the rental application provides, and screening companies will ask for it.

What questions are illegal on a rental application in South Dakota?

Anything probing the federal protected classes: race, color, national origin, religion, sex, familial status, or disability. South Dakota and local law can add categories such as source of income, age, or marital status. Stick to financial and rental history facts, and ask every applicant exactly the same questions.

What does a landlord have to do when rejecting an applicant in South Dakota?

If a credit or background report contributed to the decision, even partially, federal law requires an adverse action notice: the rejection, the screening company's name and contact details, and the applicant's right to a free copy of the report and to dispute it. The same applies when a report leads to a higher deposit or a co-signer requirement. Keeping the written criteria and the applicant's file documents that the decision was legitimate.

Rental Application in other states