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Leaving A Lease Early

SDCL § 43-32-19.1 — a victim of abuse, sexual misconduct or stalking may end the lease with written notice and a report from the last thirty days

A tenant whose household includes a victim of alleged domestic abuse, unlawful sexual behavior or stalking may end the lease and move out without an early termination penalty, by notifying the landlord in writing that it is because of fear of imminent danger.

  • SDCL § 43-32-19.1
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  • A police report signed in the thirty-day period before the notice.
  • A protection order issued in that thirty-day period.
  • A licensed health care provider's signed statement of an examination in that period and reasonable cause to believe it happened.
  • SDCL § 43-32-19.1

The notice attaches one of those. The tenant then owes no early termination fee and no rent for the month after moving out.

  • SDCL § 43-32-19.1

Other grounds. A tenant may also end a lease early if the landlord does not, within a reasonable time after a written request, repair the premises or secure quiet possession.

  • SDCL § 43-32-19

A particular lease is a question for a licensed South Dakota attorney.

  • SDCL § 43-32-19.1
Sources for this section (2)
  1. SDCL § 43-32-19.1 — Domestic abuse; Unlawful sexual behavior; Stalking; Termination of lease; Notice requirements
  2. SDCL § 43-32-19 — Termination of lease by tenant; Causes

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.

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