South Dakota Month-to-Month Lease Agreement
A South Dakota month-to-month rental agreement is a contract that allows a tenant to occupy a landlord’s property on a monthly basis without establishing a specific termination date. This type of lease provides flexibility, as either party can terminate the agreement by adhering to the required notice periods set forth in state law.
South Dakota Month-to-Month Lease Agreement
Termination Notice
For month-to-month leases in South Dakota, the notice requirements for termination are as follows:
- Landlords must provide a 30-day notice to terminate the lease.
- Tenants are required to give at least a 15-day notice to terminate the lease.
Rent Increase Notice
If a landlord intends to increase the rent for a month-to-month lease, they must issue a 30-day notice prior to the increase taking effect. This ensures that tenants have adequate time to adjust their budgets or consider their housing options.
Required Disclosures
Landlords in South Dakota are obligated to provide specific disclosures to tenants:
- Lead-Based Paint Disclosure: This disclosure is mandatory for properties built before 1978, informing tenants about potential lead hazards.
- Methamphetamine Disclosure: Tenants must be informed if there is a history of methamphetamine manufacturing in the rental unit.
South Dakota Month-to-Month Eviction Process
When a landlord needs to evict a tenant from a month-to-month lease, they must follow a structured process:
- The landlord must issue a termination notice at least 30 days in advance. While it is advisable to explain the reason for eviction, it is not required as long as the notice period is met.
- After receiving the termination notice, the tenant must vacate the property within the next 30 days. If the tenant fails to move out, the landlord has the right to initiate eviction proceedings by filing a lawsuit.
This framework outlines the essential legal requirements and procedures associated with month-to-month leases in South Dakota, ensuring both landlords and tenants understand their rights and responsibilities.
Statutes
- S.D. Codified Laws Ann. §§ 43-32-6.1 – Maximum security deposit for residential premises-Larger deposit by mutual agreement
- S.D. Codified Laws Ann. §§ 43-32-24 – Return of security deposit after termination of tenancy-Withholding-Itemized accounting-Forfeiture of withholding rights-Punitive damages
- S.D. Codified Laws Ann. §§ 43-32-12 – Time for payment of rent-Agricultural and wildland-Lodging-Termination of hiring
- S.D. Codified Laws Ann. §§ 43-32-13 – Modification of lease-Written notice by landlord, effect-Termination by tenant
- S.D. Codified Laws Ann. §§ 57A-3-421 – Collection costs and expenses-Liability of issuer of dishonored check
- S.D. Codified Laws Ann. §§ 43-32-9 – Failure of lessor to repair premises-Lessee’s remedies
- S.D. Codified Laws Ann. §§ 43-32-22(1) – Termination of lease-Agreed term-Mutual consent-Acquisition of superior title by tenant
- S.D. Codified Laws Ann. §§ 43-32-5 – Lease of real property for more than one year-Written contract necessary
- S.D. Codified Laws Ann. §§ 43-32-13 – Modification of lease-Written notice by landlord, effect-Termination by tenant
- S.D. Codified Laws Ann. §§ 43-32-15 – Renewal of hiring of real property presumed unless notice given of termination
- S.D. Codified Laws Ann. §§ 21-16-1(7) – Grounds for maintenance of action
- S.D. Codified Laws Ann. §§ 21-16-1(4) – Notice of Termination for Nonpayment
- S.D. Codified Laws Ann. §§ 43-32-18 – Termination of lease by landlord before end of agreed term-Use of premises by tenant contrary to agreement-Neglect of tenant to make repairs
- S.D. Codified Laws Ann. §§ 43-32-32 – Reasonable notice of landlord’s intent to enter-Contents
- S.D. Codified Laws Ann. §§ 43-32-8 – Residential lessor to keep premises in repair-Disrepair caused by lessee-Agreements for repairs in lieu of rent-Liability to third persons unaffected
- S.D. Codified Laws Ann. §§ 43-32-10 – Preservation of premises by lessee
- S.D. Codified Laws Ann. §§ 43-32-27 – Cause of action against lessor for retaliatory conduct
- S.D. Codified Laws Ann. §§ 43-32-28 – Retaliatory conduct-Remedies-Attorney’s fees
- S.D. Codified Laws Ann. §§ 43-32-30 – Disclosure of knowledge of existence of prior manufacturing of methamphetamines
- S.D. Codified Laws Ann. §§ 43-32-25 – Small amount of tenant’s property left on premises presumed abandoned-Disposal by lessor
- S.D. Codified Laws Ann. §§ 43-32-26 – Storage of tenant’s valuable property left on premises-Lien-Disposal as abandoned after waiting period
- S.D. Codified Laws Ann. § 16-12C-13 – Jurisdiction-Noncontested proceedings with limited damage amount
- S.D. Codified Laws Ann. § 21-16-3 – Jurisdiction of courts
- S.D. Codified Laws Ann. §§ 15-2-13(1) – Contract obligation or liability-Statutory liability-Trespass-Personal property-Injury to noncontract rights-Fraud-Setting aside corporate instrument
- S.D. Codified Laws § 57A-3-422 – Returned Check Fees
- S.D. Codified Laws § 43-32-27 – Cause of action against lessor for retaliatory conduct
- S.D. Codified Laws § 43-32-22– Notice to Terminate Tenancy
- S.D. Codified Laws § 43-8-8 – Extended notice for active military service
- S.D. Codified Laws § 21-16-1 – Grounds for maintenance of action
- S.D. Codified Laws § 43-32-6 – Obligations of lessor of real property–Tenant’s remedies against lessor
- S.D. Codified Laws § 43-32-2 -Limited term of lease
- S.D. Codified Laws § 43-32-19.1 – Domestic Violence Situations
FAQs
In South Dakota, landlords must provide at least 30 days’ notice to terminate a month-to-month lease, while tenants are required to give at least 15 days’ notice.
Landlords must issue at least 30 days’ notice if they intend to raise the rent for a month-to-month lease in South Dakota.
Landlords in South Dakota are required to provide a Lead-Based Paint Disclosure if the property was built before 1978 and a Methamphetamine Disclosure if there is a history of methamphetamine manufacturing in the unit.
To evict a tenant on a month-to-month lease in South Dakota, landlords must issue a 30-day termination notice. If the tenant does not vacate within that time, the landlord can proceed with eviction by filing a lawsuit.
Yes, a landlord in South Dakota does not need to provide a reason for eviction as long as they issue the required 30-day notice.
If a tenant does not move out within the 30 days after receiving an eviction notice, the landlord can file a lawsuit to proceed with the eviction process.