A South Dakota lease termination notice is a document which officially announces the upcoming end of a rental tenancy. Either a landlord or tenant may give notice, in most cases at least 30 days in advance.
Types of South Dakota Lease Termination Notice Forms
| Notice Form | Lease Type |
| 7 Day Notice To Vacate | Weekly |
| 30 Day Notice To Vacate | Monthly / Yearly |
South Dakota 7 Day Notice To Vacate
A South Dakota 7 Day Notice To Vacate terminates a week-to-week lease, and unwritten leases where the tenant pays rent weekly. The non-terminating party must receive notice at least seven (7) calendar days before date of termination.
South Dakota 30 Day Notice To Vacate
A South Dakota 30 Day Notice To Vacate terminates a rental agreement, including month-to-month or year-to-year leases. The non-terminating party must receive notice at least thirty (30) calendar days before date of termination.
How To Write a Lease Termination Notice in South Dakota
To ensure the legal compliance of a lease termination notice:
- Use the full name of the receiving party, and address of record, if known
- 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 Calculate Expiration Date in South Dakota
The “clock” for a lease termination notice starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and terminate a tenancy as of June 30th, delivery of the termination letter must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
How To Serve a Lease Termination Notice in South Dakota
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
Sources
- 1 SD Codified L § 43-32-15
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If one of the parties gives notice to the other of his intention to terminate the same at least as long before the expiration thereof as the term of the hiring itself, not exceeding one month.
Source Link - 2 SD Codified L § 43-32-13
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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.
Source Link - 3 S.D. Cod. L. § 43-8-8
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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.
Source Link - 4 SD Codified L § 43-8-9
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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.
Source Link