South Dakota Month-to-Month Lease Agreement

Last Updated: April 6, 2022 by Elizabeth Souza

A South Dakota month-to-month lease agreement is a contract (written or oral) that allows a tenant to rent property from a landlord, in exchange for a fee (“rent”), for a period of thirty days at a time. The agreement remains active until either party gives proper notice to end it.

Note: For fixed term leases in South Dakota (i.e., 1-year), click here.

How do South Dakota Month-to-Month Lease Agreements Work?

A landlord and tenant can enter into a month-to-month lease through a written contract or oral agreement. It does not have to be written.

Once the lease is active, both parties are given full rights under South Dakota landlord tenant law. This includes the landlord’s responsibility to provide a habitable living space, the tenant’s responsibility to pay rent in a timely manner and all other rights and responsibilities.

How Much Notice is Needed to End the Lease?

In South Dakota either a landlord may terminate a month-to-month lease agreement by giving at least 30-day’s notice. A tenant may terminate a month-to-month lease agreement by giving at least 15 day’s notice. S.D. Codified. Laws § 43-32-15

Notice must be provided in written form.

How Much Notice is Needed to Raise the Rent?

In South Dakota, a landlord may not increase the amount of a tenant’s rent during the term of a lease, unless it is agreed in the lease. When dealing with a month-to-month tenant, a landlord may increase rent by giving a tenant a 30 days’ notice. S.D. Codified. Laws § 43-32-13.

Notice must be provided in written form.

How are Month-to-Month Tenants Evicted in South Dakota?

After the landlord gives proper notice, and that period of time elapses, the lease expires and is no longer active.

If a tenant remains on the property after lease expiry, the landlord may move forward with the eviction process to remove the tenant by filing a complaint with the applicable county court in South Dakota. The process for eviction can be completed in 5 weeks – 3 months, but can take longer depending on the circumstances.

For more information on the eviction process in South Dakota, click here.