South Dakota month-to-month lease agreements trade fixed dates for flexibility, automatically renewing each month until either party gives written notice to end the agreement. Unlike fixed-term leases, these offer adaptability but less stability. Often called tenants-at-will, renters enjoy the freedom to move with proper notice. Learn how these leases work, the laws that govern them, and essential terms every landlord should include.
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South Dakota Month-to-Month Lease Agreement
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South Dakota Residential Lease Agreement
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Required Landlord Disclosures (2)
1. Lead paint: Federal law requires all landlords to inform tenants about lead-based paint or lead hazards in homes built before 1978.
2. Methamphetamine contamination: If a landlord knows somebody once used a unit to make methamphetamine, they must inform the tenant before renting it to them (SDC § 43-32-30).
Required Notice to Terminate Month-to-Month Agreement
Month-to-month leases in South Dakota don’t have a definitive end date, so landlords and tenants must follow state guidelines on how much notice to give before ending the agreement.
Required notice for landlord: At least 30 days (SDC § 43-32-13)
Required notice for tenant: At least 15 days (SDC § 43-32-13)
Rent Increase Laws
South Dakota doesn’t have rent control laws that cap rent increases. Landlords can raise rent by any amount they wish. With month-to-month leases, landlords must give tenants at least 30 days’ written notice before the increased rent takes effect (SDC § 43-32-13).
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