South Dakota Notice Requirements to Terminate a Month-to-Month Tenancy
Find out how much advance notice you or the landlord must provide to terminate a rental agreement that runs month-to-month in South Dakota.
It is easy for landlords and tenants to end a month-to-month tenancy in South Dakota.
Notice Requirements for South Dakota Landlords
In most situations your landlord does not need to give you a reason (although acting on discriminatory or retaliatory motives is illegal). A landlord can simply give you a written notice to move, allowing you one month as required by South Dakota law and specifying the date on which your tenancy will end. If tenant (or spouse or minor child) is in the active duty in the military, landlord must give two months' notice, in the absence of tenant misconduct, sale of the property, or passing of the property into the landlord's estate.
Your landlord may legally provide less notice if you have not paid rent, if you have violated other terms of your rental agreement (for example, bringing in an unauthorized tenant), or if you have violated basic responsibilities imposed by law (such as by dealing drugs on the rental property).
Notice Requirements for South Dakota Tenants
It is equally easy for tenants in South Dakota to get out of a month-to-month rental agreement. You must provide the same amount of notice (one month) as the landlord; tenants who have received a landlord’s modification notice may give less notice (15 days) to terminate a month-to-month tenancy. Be sure to check your rental agreement which may require that your notice to end the tenancy be given on the first of the month or on another specific date.
In some situations, you may be able to move out with less (or no) notice—for example, if your landlord seriously violates the rental agreement or fails to fulfill legal responsibilities affecting your health or safety.
South Dakota State Law and Resources on Terminating a Month-to-Month Tenancy
Check South Dakota state law (S.D. Codified Laws Ann. §§ 43-32-13, 43-8-8) for the exact rules and procedures for how landlords must prepare and serve termination notices and for any special rules regarding how tenants must provide notice. See the Laws and Legal Research section of Nolo for advice on finding and reading statutes and court decisions.
The state guide to tenants’ rights (see http://atg.sd.gov/LinkClick.aspx?fileticket=dScRCy1J6AQ%3d&tabid=407) may also have useful information on how month-to-month tenancies end.