South Dakota Month-to-Month Lease Agreement

Last Updated: December 13, 2023 by Roberto Valenzuela

A South Dakota month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental renews monthly, until either party gives proper notice to end it.

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For information about fixed-term leases in South Dakota (i.e., a term of one year or more), click here.

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 rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.

Parties under a month-to-month lease enjoy 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 keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.

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.

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The state page for fixed-term leases may have more detailed information on required disclosures.

Required Notice To End a Month-to-Month Rental in South Dakota

South Dakota lets both the landlord or tenant terminate a month-to-month lease with at least 30 days of advance notice. In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.

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 a rental increase, delivered in writing.

Eviction in South Dakota Month-to-Month Rentals

South Dakota tenants may face eviction for violating a month-to-month lease or remaining 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.

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