South Dakota Statewide Rule
South Dakota Lease Termination Notice
Key Facts
- At-will termination
- Landlord gives 15+ days' notice (43-8-8)
- Military tenant
- Two months' notice from landlord
- After rent/term change
- Tenant may leave within 15 days (43-32-13)
- Tenant's own notice
- Set by the rental agreement
- Holdover
- Accepting rent renews same terms (43-32-14)
Summary
Under SDCL 43-8-8, a South Dakota landlord ends a tenancy at will on not less than 15 days' written notice (two months if the tenant or a family member is on active military duty). SDCL 43-32-13 lets a tenant leave within 15 days of a rent-change notice.
A tenancy or other estate at will for a residential property, however created, may be terminated by the landlord giving notice to the tenant in the manner prescribed by § 43-8-9 to remove from the premises within a period, specified in the notice, of not less than fifteen days. However, if the tenancy at will is the residence of a tenant who is on active military service or if a person on active military service is an immediate family member of the tenant, the tenant is entitled to two months' notice in the manner prescribed by § 43-8-9 unless: (1) The tenant has engaged in sustained conduct that is either disruptive to other residents or neighbors, illegal, destructive, negligent toward the maintenance of the property, or constitutes a material breach in the implied lease conditions; or (2) The landlord has sold the property or the property has passed to the landlord's estate.
Full Breakdown
SDCL 43-8-8 governs an estate at will: the landlord may terminate a tenancy at will by giving the tenant not less than 15 days' notice to vacate. If the tenant or an immediate family member is on active military duty, the landlord must give two months' notice, unless the tenant materially breached or the property was sold. A tenant's own termination follows the rental agreement. Under SDCL 43-32-13, a month-to-month tenant who receives a rent- or term-change notice may terminate effective the first of the next month by notifying the landlord within 15 days. Under SDCL 43-32-14, a holdover with accepted rent renews on the same terms.
Violations & Penalties
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).
Frequently Asked Questions
How much notice ends a month-to-month lease in South Dakota?
Can a South Dakota tenant leave after a rent increase?
Sources
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