South Dakota 30 Day Notice to Vacate | Lease Termination Form

A South Dakota 30 Day Notice To Vacate terminates a rental agreement, including a month-to-month or year-to-year lease. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.

When To Use a South Dakota 30 Day Notice To Vacate

A South Dakota 30 Day Notice To Vacate terminates a rental agreement, including a month-to-month or year-to-year lease.

note

An at-will tenancy, such as an expired lease or a situation with no agreed lease, requires only 15 days of notice to terminate in South Dakota.

Some types of South Dakota lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.

How To Write a South Dakota 30 Day Notice To Vacate

To help ensure the legal compliance of a Notice To Vacate:

Use the full name of the receiving party, and address of record, if known
Specify the basis upon which the tenancy will terminate
Specify the termination date of the lease or tenancy
Fill in the full address of the rental premises
Provide updated/current address and phone number information
Print name and sign the notice
Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature

It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.

How To Serve a South Dakota 30 Day Notice To Vacate

South Dakota landlords and tenants may deliver a lease termination notice using any of these methods:

Hand delivery to the other party
Hand delivery to a person of discretion on the property who can accept the notice on behalf of the other party
Only if no form of hand delivery is possible: Posting the notice in a conspicuous place on the premises

note

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.

Sources

1 SD Codified L § 43-32-13: 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.
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2 SD Codified L § 43-8-9: Manner of delivery–Posting on premises.

The notice prescribed must be in writing, and must be served by delivering the same to the tenant, or to some person of discretion residing on the premises; or if neither can, with reasonable diligence, be found, the notice may be served by affixing it on a conspicuous part of the premises, where it may be conveniently read.
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3 S.D. Cod. L. § 43-8-8: A tenancy or other estate at will for a residential property, however created, may be terminated by the landlord giving notice to the tenant in the manner prescribed by § 43-8-9 to remove from the premises within a period, specified in the notice, of not less than fifteen days.
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