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South Dakota month-to-month lease agreement
Written for South Dakota law, checked September 24, 2026 General information, not legal advice
A month-to-month tenancy renews each month until the landlord or the tenant gives notice. Choose month-to-month as the lease type, or set a fixed-term lease to convert to month-to-month when its term ends.
South Dakota rules that apply
- Ending month-to-month
- 1 month
- before the month ends; a tenancy at will can end on 15 days
- SDCL § 43-32-15SDCL § 43-8-8
Ending a month-to-month tenancy
A tenancy for a term the parties did not specify renews at the end of each period unless one side gives notice of termination at least as long before the end of the period as the period itself, but never more than one month. For a month-to-month tenancy that means one month's notice before the month ends.
More detail (5)
- A separate section lets a landlord end a residential tenancy at will with written notice giving the tenant at least 15 days to leave. Whether an arrangement is a tenancy at will or a periodic tenancy is a legal question; giving a full month's notice meets both periods. SDCL § 43-8-8
- If the tenant, or the tenant's spouse or minor child, is on active military service, a tenant at will is entitled to two months' notice, unless the tenant has engaged in sustained disruptive, illegal, destructive or negligent conduct or a material breach, or the property was sold or passed to the landlord's estate. SDCL § 43-8-8
- A notice to end a tenancy at will must be in writing and delivered to the tenant or a person of discretion living there; if neither can be found with reasonable diligence, it may be posted in a conspicuous place on the premises. SDCL § 43-8-9
- Only after the notice period has run may the landlord reenter or go to court to recover possession. SDCL § 43-8-10
- If the tenant stays after a lease ends and you accept rent, the lease is presumed renewed on the same terms for the same time, up to one year. SDCL § 43-32-14
The lease says a month-to-month tenancy ends on notice given at least one month before the month ends.
Rent increase notice
In a month-to-month lease, you may change the rent or other terms by written notice given at least 30 days before the end of the month. The new terms take effect at the end of the month if the tenant stays.
More detail (3)
- A tenant who receives the notice may end the lease effective the first day of the next month by giving notice of termination within 15 days of receiving it. SDCL § 43-32-13
- During a fixed term, the lease itself decides whether rent can change; the chapter sets no cap on the amount. SDCL ch. 43-32 See Rent control and local rules on the South Dakota page
- Raising rent above fair market value after certain tenant complaints can be retaliation. SDCL § 43-32-27 See Retaliation on the South Dakota page
The lease states the 30-day written notice to change the terms of a month-to-month lease and the tenant's right to end it within 15 days.