A South Dakota month-to-month rental agreement is a contract (not necessarily in writing) for a tenant to rent property from a landlord, one month at a time, in exchange for a fee (“rent”). The agreement renews monthly, until either party gives proper notice to end it.
Basics of a South Dakota Month-to-Month Rental Agreement
In South Dakota, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written agreements are clearer and more reliable in case of disagreement, but month-to-month oral (unwritten) leases are legal.
Parties under a month-to-month lease have full rights under South Dakota landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must ensure the tenant’s quiet enjoyment of the property. This includes keeping critical features of the property in good working condition.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party, for any reason, without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in South Dakota
South Dakota landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Methamphetamine Disclosure – Landlords must disclose any knowledge relating to methamphetamine manufacturing or contamination on rental property.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in South Dakota
South Dakota lets both the landlord or tenant end a month-to-month lease with at least 30 days of advance notice. In general, it’s valid to end a month-to-month lease for any reason that isn’t landlord retaliation.
South Dakota requires written notice to end a month-to-month lease.
Required Notice To Raise the Rent on a South Dakota Month-to-Month Lease
South Dakota requires at least 30 days of advance notice before raising the rent. Notice must be delivered in writing.
Eviction in South Dakota Month-to-Month Rentals
South Dakota tenants may get evicted if they violate lease terms or stay on the property after the notice period allowed by a valid termination. Evictions in South Dakota typically take five to twelve weeks.
For more information on the eviction process in South Dakota, click here.
Sources
- 1 S.D. Cod. Laws 43-32-15
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A hiring of real property for a term not specified by the parties is deemed to be renewed as stated in § 43-32-14 at the end of the term implied by law unless 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 S.D. Cod. Laws 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, modify the terms of the lease to take effect at the expiration of the month. The notice, when served upon the tenant, shall of itself operate and be effectual to create and establish as a part of the lease the terms, rent, and conditions specified in the notice, if the tenant shall continue to hold the premises after the expiration of the month. The tenant may terminate his lease effective the first day of the next month by providing notice of termination to the landlord within fifteen days of receipt by the tenant of the notice of modification.
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