South Dakota Statewide Rule
South Dakota Rent Increase Notice Requirements
Key Facts
- Notice required
- 30 days' written notice for month-to-month (SDCL 43-32-13)
- Increase cap
- No statutory maximum
- Rent control
- None in South Dakota
- Tenant's option
- May terminate within 15 days of modification notice (SDCL 43-32-13)
Summary
South Dakota has no rent-control statute and sets no cap on rent increases. For a month-to-month tenancy, a landlord changes rent through the lease-modification rule in SDCL 43-32-13, which requires written notice at least 30 days before the end of the month. A fixed-term lease cannot be raised mid-term.
In all leases of lands or tenements or of any interest therein from month to month the landlord may, upon giving notice in writing at least thirty days before the expiration of the month, modify the terms of the lease to take effect at the expiration of the month. The notice, when served upon the tenant, shall of itself operate and be effectual to create and establish as a part of the lease the terms, rent, and conditions specified in the notice, if the tenant shall continue to hold the premises after the expiration of the month. The tenant may terminate his lease effective the first day of the next month by providing notice of termination to the landlord within fifteen days of receipt by the tenant of the notice of modification.
Full Breakdown
South Dakota law contains no rent-control or rent-increase-cap statute, so a landlord may raise rent by any amount. The mechanism for changing rent in a month-to-month lease is SDCL 43-32-13: 'the landlord may, upon giving notice in writing at least thirty days before the expiration of the month, modify the terms of the lease to take effect at the expiration of the month.' The change becomes part of the lease if the tenant keeps possession afterward. To protect the tenant, the same section lets the tenant terminate effective the first day of the next month 'by providing notice of termination to the landlord within fifteen days of receipt' of the modification notice. A fixed-term lease's rent cannot be increased before the term ends unless the lease allows it.
Violations & Penalties
No specific statutory penalty. A rent change served with fewer than 30 days' written notice does not take effect for the coming month; the prior rent remains owed until a valid 30-day notice has run.
Frequently Asked Questions
How much notice must a South Dakota landlord give before raising rent?
Is there a limit on rent increases in South Dakota?
Sources
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