The South Dakota month-to-month rental agreement allows a landlord and a tenant to create a “tenancy at will” in which either party may change the agreement with at least thirty (30) days notice. The tenant pays the landlord a monthly fee (“rent”) exchange for the use of their residence.
A month-to-month lease is something that will give both the tenant and the landlord a bit of flexibility with the rental. With this type of agreement, the term is set for the first month, and every month after that that both parties wish to continue with the agreement, the lease will automatically renew. It will provide a residential lease agreement that will provide the tenant with the ability to move out when they need without providing the landlord with a lot of notice. It is ideal for a person who is planning to get married soon or move to a new location for a new job. The landlord will also have an easier time getting rid of tenants that they no longer want on their property.
South Dakota Requirements for a Month-to-Month Lease Termination
When either the tenant or the landlord wants to end the agreement, the only thing that they have to do to terminate the lease is to give the other party at least a months’ notice before they plan to move out of the rental unit. This amount of time should allow the tenant time to find a new place to live, and the landlord ample time to locate a new tenant for the property so that it is not vacant too long.
Raising the Rent in South Dakota
Any time the landlord wants to change the terms of the original lease by increasing the rent or the day that the rent is due, they will need to give the tenant a 30-day notice for this change. If the tenant refuses the rent increase, then they will have the option of terminating the rental agreement within 15 days of the notice that they received about the rent increase. There is no statute in South Dakota to determine how often the rent can be increased or how much the landlord can raise the rent by when they decide to increase it.