Notice To End A Tenancy
SDCL § 43-32-15 — notice as long as the term, up to one month, and thirty days' written notice before a monthly lease changes
A tenancy with no term set by the parties renews unless one side gives notice at least as long before it ends as the term itself, not exceeding one month.
A change in a monthly lease. On a month-to-month lease, the landlord may change the terms or the rent by written notice at least thirty days before the month ends. The tenant may end the lease effective the first day of the next month by notice within fifteen days of receiving it.
A tenant who stays after the lease ends, while the landlord accepts rent, is presumed to have renewed on the same terms for the same time, not exceeding one year. A hiring with no term stated is presumed to be for one year.
A written lease can set its own notice. A particular lease is a question for a licensed South Dakota attorney.
Sources for this section (4)
- SDCL § 43-32-15 — Renewal of hiring of real property presumed unless notice given of termination
- SDCL § 43-32-13 — Modification of lease; Written notice by landlord, effect; Termination by tenant
- SDCL § 43-32-3 — Hiring of real property presumed for one year; Exception
- SDCL § 43-32-14 — Retention of possession by lessee after expiration of hiring; Acceptance of rent by lessor; Renewal of hiring; Terms
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.