South Dakota Month-to-Month Rental Agreement
Rental contracts come in all shapes and sizes. In South Dakota, a fixed-term lease offers landlords and tenants set terms and firm start and end dates. On the other hand, a month-to-month lease renews each month and trades stability for flexibility.
South Dakota month-to-month leases renew with each rent payment until someone gives written notice to terminate the agreement. Because these leases have no set end date, renters under these agreements are also known as tenants-at-will.
Stick around to learn how month-to-month leases work in South Dakota, which state laws apply to them, and the key terms every landlord needs to include in their future rental agreements.
South Dakota Lease Agreement
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South Dakota Landlord-Tenant Law
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South Dakota Month-to-Month Lease Laws
Before signing a lease, South Dakota landlords must understand the state’s landlord-tenant laws from top to bottom. These rules shape essential parts of every rental, including:
- Required landlord disclosures
- Notice periods for termination
- Rent increase procedures
- Evictions
- Security deposit laws
- Pet deposits and rent limitations
- Grace periods and late fees
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).
Rent Payment Laws
Grace period: South Dakota law doesn’t require landlords to give tenants a grace period to pay late rent.
Late rent fees: South Dakota doesn’t cap late rent fees. To properly enforce these late fees, landlords should include the fee amount and terms in the rental contract.
Tenant’s right to withhold rent: When a rental unit needs a repair to stay safe and habitable, the tenant must notify the landlord and give them a fair chance to fix it. If the landlord doesn’t take action, the tenant can pay for the repair and subtract the cost from their rent or withhold the rent. If they choose to withhold, they must place the money (no more than one month’s rent) in a separate bank account. Once the landlord finishes the repair, the tenant must release the withheld funds. South Dakota law requires this exact process to keep both sides accountable (SDC § 43-32-9).
Pet rent laws: South Dakota landlords can charge pet rent as long as they clearly explain the terms within the lease agreement.
Security Deposit Rules
Maximum security deposit: South Dakota usually limits security deposits to 1 month’s rent. With that in mind, landlords and tenants can agree on a higher amount if specific conditions increase the risk of damage to the property (SDC § 43-32-6.1).
Security deposit receipt: South Dakota law doesn’t require landlords to give tenants a security deposit receipt.
Interest: Landlords don’t have to pay tenants interest on security deposits.
Deduction tracking: Landlords can take money from the security deposit to cover unpaid rent or repairs beyond normal wear and tear. If they do, they must send the tenant written documentation of the repairs within 45 days of move-out (SDC § 43-32-24).
Returning a tenant’s security deposit: If the landlord doesn’t plan to use the security deposit for rent or repairs, they must return it to the tenant within 2 weeks of move-out (SDC § 43-32-24).
Pet deposit rules: In South Dakota, landlords can charge a separate pet deposit on top of the regular security deposit. State law doesn’t limit the amount they can charge.
Property Access Regulations
Advance notice: South Dakota landlords must give tenants 24 hours of written notice before entering the rental unit. The notice must include the date, time, and reason for entry and offer the tenant a chance to reschedule if needed (SDC § 43-32-32).
Immediate access: Landlords can enter the unit without notice, but only during emergencies that require immediate action (SDC § 43-32-32).
Landlord harassment: If a landlord repeatedly enters a rental unit without permission, the tenant can take them to court, where a judge may issue the landlord an order to stop the behavior and possibly award damages.
Rental Agreement Violations
Missed rent payment: If a tenant misses rent, the landlord can serve a 3-day Notice to Quit and Vacate. South Dakota law doesn’t require landlords to accept late payments before starting the eviction process (SDC § 21-16-2).
Lease violation: When a tenant breaks the lease, the landlord can issue a Notice to Vacate immediately and start eviction. South Dakota law doesn’t require landlords to allow tenants to cure the lease violation (SDC § 21-16-1).
Self-help evictions: A self-help eviction happens when a landlord tries to force a tenant out of a rental unit without following legal protocols. South Dakota law strictly bans this practice.
Lease abandonment: Tenants who break a lease early without legal cause must pay the remaining rent to their landlord. In South Dakota, landlords are not obligated to re-rent the unit and can pursue the full amount owed from the tenant.
South Dakota Month-to-Month Lease Agreement FAQs
What is a South Dakota month-to-month lease agreement?
In South Dakota, a month-to-month lease runs from 1 month to the next as long as the tenant pays rent. The contract keeps renewing until the landlord or tenant gives proper notice to end it.
What’s the difference between a South Dakota fixed-term lease and a month-to-month agreement?
A fixed-term lease runs for a set time, giving both parties stable lease terms and rental expectations. On the other hand, a month-to-month lease renews with each rent payment and allows either side to end the arrangement with proper notice.
How to end a South Dakota month-to-month lease agreement?
To end a month-to-month lease in South Dakota, the landlord must give the other tenant at least 30 days of written notice. The tenant only needs to provide the landlord with 15 days of advance notice before terminating the agreement.
