This office lease form lists the circumstances if a tenant defaults in fulfilling any of the covenants of a lease including the covenants for the payment of rent or additional rent.
South Dakota Ending a Lease Through Failure of Condition When it comes to ending a lease in South Dakota due to failure of condition, there are certain guidelines and steps that both landlords and tenants need to be aware of. South Dakota law provides protection for tenants, ensuring that the leased property meets certain standards of habitability throughout the duration of the lease agreement. Under South Dakota law, a tenant may choose to terminate their lease through failure of condition if the following requirements are met: 1. Materiality of the Condition: The condition must be of a serious nature and significantly affect the tenant's ability to live comfortably or safely in the rented property. Minor issues or maintenance tasks typically do not meet this threshold. 2. Notice to Landlord: In order to terminate the lease, the tenant must provide written notice to the landlord, clearly outlining the specific condition(s) that constitute the failure. The notice should be sent via certified mail or another verifiable means of delivery. 3. Landlord's Opportunity to Cure: After receiving the notice, the landlord is given a reasonable period of time to rectify the condition that led to the termination request. The timeframe for remediation depends on the severity of the condition and the amount of time required to address it. If the landlord successfully resolves the issue within this period, the lease may continue as usual. 4. Continued Failure to Remedy: If the landlord fails to address the condition within the specified timeframe, the tenant may consider the lease terminated. The tenant should document any attempts made by the landlord to rectify the issue, or lack thereof, to support their case if further legal action is necessary. It's important to note that there are various types of conditions that may lead to the termination of a lease in South Dakota: 1. Unsafe Living Conditions: This refers to any condition that poses a threat to the health, safety, or well-being of the tenant. Examples include faulty electrical wiring, severe mold or mildew growth, or lack of proper heating during cold months. 2. Substantial Property Damage: If the leased property experiences significant damage that renders it uninhabitable or significantly reduces its livability, the tenant may have grounds to terminate the lease. This could include damage caused by fire, flooding, or any other catastrophic event. 3. Failure to Provide Essential Services: If the landlord fails to provide essential services such as water, heat, electricity, or plumbing, the tenant may consider pursuing lease termination. In cases where a tenant successfully terminates their lease through failure of condition, they may be entitled to a refund of any prepaid rent or security deposit they've made. They may also be able to seek compensation for any costs incurred as a result of the failed condition, such as temporary lodging expenses. It is important for both landlords and tenants in South Dakota to understand their rights and responsibilities concerning ending a lease through failure of condition. Seeking legal advice or consulting the South Dakota Residential Landlord and Tenant Act can provide further clarity on the specific legalities involved in these situations.
