South Dakota Lease Termination Notice

SDCL 43-8-8 governs an estate at will in residential property: a tenancy at will may be terminated by either party giving notice 'not less than fifteen days.' If the tenant or an immediate family member (spouse or minor child) is on active military duty, the landlord must give 'two months' notice,' unless the tenant materially breached or the property was sold or passed to the landlord's estate. Separately, SDCL 43-32-13 lets a month-to-month tenant who receives a 30-day modification notice terminate 'effective the first day of the next month by providing notice of termination to the landlord within fifteen days of receipt.' Under SDCL 43-32-14, if a tenant holds over and the landlord accepts rent, the parties are presumed to renew on the same terms.

No specific statutory penalty. Insufficient notice does not end the tenancy; the tenancy continues and rent remains owed until proper notice runs. A holdover with accepted rent renews the lease on the same terms (SDCL 43-32-14).