A South Dakota month-to-month rental agreement is a contract that lets a tenant live on a landlord’s property on a monthly basis. This document doesn’t establish a specific termination date. Instead, either party can terminate the agreement as long as they abide by the notice requirements (30 days for landlords and 15 days for tenants) in the state’s landlord-tenant laws.
Legal Requirements for Month-to-Month Leases
- Minimum Termination Period: A landlord must give at least 30 days’ notice to terminate a month-to-month lease, while a tenant must provide at least 15 days’ notice. [1]
- Rent Increase: A landlord must issue at least 30 days’ notice if they want to raise the rent for a month-to-month lease. [1]
Required Disclosures
- Lead-based paint disclosure
- Methamphetamine production disclosure
If you’d like more information on the required disclosures for landlords, you can review our South Dakota lease agreement page.
South Dakota Month-to-Month Eviction
Landlords must abide by specific legal procedures when performing month-to-month evictions. They begin by issuing a termination notice 30 days in advance, explaining the eviction reason if applicable. They don’t have to provide a reason as long as they issue enough notice. Within the next 30 days, the tenant must move out. Otherwise, the landlord can proceed with eviction by filing a lawsuit.
The South Dakota Eviction Process details the steps for evicting a tenant.
