If a lease runs for seven years or longer, it must be in what format?

In South Dakota, as in many jurisdictions, leases that extend for a duration of seven years or longer must be in writing to be legally enforceable. This requirement stems from the Statute of Frauds, which mandates that certain types of contracts, including those related to real property, must be documented in written form.

Having a written lease is beneficial not only for legal compliance but also for clarity and protection for both landlords and tenants. It provides a clear record of the agreed terms, such as rent amount, duration, responsibilities, and other critical aspects of the agreement. This written documentation helps prevent misunderstandings and disputes over the terms, which could arise if only an oral agreement existed.

In contrast, oral leases or implied agreements are not sufficient for long-term leases exceeding seven years, as they do not meet the legal standards set by the state. Additionally, while notarization can provide further validation of a document's authenticity, it is not a legal requirement specifically for leases of this nature; the primary necessity is that the lease is written.