South Dakota notice periods
A South Dakota landlord must give 30 days’ written notice to end a month-to-month tenancy, and the tenant must give the same. A rent increase needs 30 days’ notice. For nonpayment, no statutory pay-or-quit period applies; the landlord may proceed after rent is due and unpaid, subject to the lease.
The South Dakota rules in detail
Notice at least as long as the rental period, not exceeding one month (30 days for month-to-month) by either party
Landlord may modify terms, including rent, with at least 30 days' written notice before the end of the month; tenant may then terminate effective the first of the next month by giving notice within 15 days (§ 43-32-13)
No statutory pay-or-quit period. The landlord may proceed under the lease and court rules once rent is unpaid.
Serving the notice
- Notice must be in writing. Text messages and emails count only where the lease or statute allows electronic notice.
- The clock starts when the notice is delivered, not when it is written. Mailed notices usually add days; check the statute’s service rules.
- Termination notices generally take effect at the end of a rental period. Served mid-month, a 30-day notice ends the tenancy at the end of the next full month.
- A fixed-term lease ends on its own date; these periods apply to month-to-month tenancies and to tenancies that continued after a lease expired.
Related South Dakota rules
- Late fees: No statutory cap or grace period for residential late fees in South Dakota; the lease controls. Late fee calculator.
- Security deposit: One month's rent (a larger deposit may be agreed where special conditions pose a danger to maintenance of the premises); returned Refund or written statement of reasons for withholding within 21 days after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions; itemized accounting within 45 days on request. Deposit rules.
- All rules on one page: South Dakota landlord and tenant law.
Frequently asked questions
How much notice does a landlord have to give a tenant to move out in South Dakota?
30 days’ written notice for a month-to-month tenancy. Notice at least as long as the rental period, not exceeding one month (30 days for month-to-month) by either party
How much notice does a tenant have to give in South Dakota?
30 days’ written notice on a month-to-month tenancy. A fixed-term lease ends on its own date unless it says otherwise.
How much notice is required for a rent increase in South Dakota?
30 days. Landlord may modify terms, including rent, with at least 30 days' written notice before the end of the month; tenant may then terminate effective the first of the next month by giving notice within 15 days (§ 43-32-13)
How long is a pay-or-quit notice in South Dakota?
No statutory notice period for nonpayment; check the lease and local court rules.
Does the notice have to end on the last day of the month?
In most states, yes: a termination notice on a periodic tenancy takes effect at the end of a rental period that is at least the required number of days after service. Serving on the 15th with a 30-day requirement typically ends the tenancy at the end of the following month, not 30 days later. The calculator shows both dates.