- Tenant to Landlord (End of Lease) [.pdf] – no prior notice is required in South Dakota at the end of a fixed-term lease, but it is recommended to send the landlord a letter.
- Tenant to Landlord (Month-to-Month) [.pdf] – notice is required at least 30 days prior to a payment date in South Dakota for month-to-month leases or “at will” tenants that pay rent month-to-month.
- Landlord to Tenant (End of Lease) [.pdf] – no prior notice is required in South Dakota at the end of a fixed-term lease, but it is recommended to send the tenant a letter.
- Landlord to Tenant (Month-to-Month) [.pdf] – notice is required at least 30 days prior to a payment date in South Dakota for month-to-month leases or “at will” tenants that pay rent month-to-month.
Purpose. A South Dakota lease termination letter (“Notice to Vacate”) is a required document to end month-to-month lease agreements in South Dakota. State law requires giving at least 30 days notice for termination. However, state law does not require notice to be given to end fixed term lease agreements on their end date.
Read further to learn more about notice requirements and the residential lease termination process in South Dakota.
South Dakota Notice Requirements for Lease Termination by Tenant
- With a fixed-term lease, the tenant does not need to give a notice that they will be vacating the property. The landlord will simply expect the tenant to be gone on the termination date of the agreement.
- When a tenant has a yearly lease that does not terminate at a specific time, they will be required to send the landlord a notice that they are planning to vacate. There is no specific time required for the notice, but most landlords will request at least a months’ worth of notice.
- For a month-to-month lease, the tenant will need to provide at least a 30-day notice to vacate.
- When a tenant has a week-to-week tenancy, they will need to give at least a one week notice before terminating the lease.
Legally Terminating a Lease Early in South Dakota
- When a landlord failed to maintain the property so that it is habitable, the tenant is going to be able to break the lease justifiably. This may mean that it may violate some of the health and safety codes of the state of South Carolina.
- When the landlord interferes with the tenant’s right to quiet enjoyment of the property, the tenant will be able to break the terms of the lease rightfully. This could include the landlord entering the rental unit without adequate notice, ignoring complaints about another tenant’s behavior, or allowing illegal activity to happen on the property.
- When a tenant starts active duty in a uniformed branch of the military service, they can give a notice to the landlord that they will be breaking a lease along with a copy of the original orders that they received.