Breaking a Lease in South Dakota
South Dakota rules on breaking a lease for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: If the tenant or a household member is the victim of alleged domestic abuse, unlawful sexual behavior or stalking, the tenant may terminate and vacate on or before a specified date without early-termination penalty by written notice stating the termination is due to fear of imminent… SDCL 43-32-19(3); 43-32-19.1; 43-32-19.2
The rules in South Dakota
| Ending a lease: domestic violence | If the tenant or a household member is the victim of alleged domestic abuse, unlawful sexual behavior or stalking, the tenant may terminate and vacate on or before a specified date without early-termination penalty by written notice stating the termination is due to fear of imminent danger or injury, attaching one of: a police report signed in the prior 30 days, a protection order issued in the prior 30 days, or documentation from a licensed health care provider who examined the tenant/household member in the prior 30 days. The tenant owes no early termination fee and no rent for the month following the month in which the tenant vacates. Landlord may not disclose the tenant's forwarding/contact information without consent unless required by law. Enacted SL 2020, ch 190. |
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| Ending a lease: military, medical, death | Tenant may end a lease early if the landlord fails, within a reasonable time after written request, to put the tenant in quiet possession or make required repairs, or if the greater part of the premises is destroyed other than by tenant negligence. A lease terminable at either party's pleasure ends on notice of a party's death or incapacity; other leases are not ended by death. No state military, medical or senior-care termination right found in ch. 43-32. Did not check other SDCL titles (e.g., Title 33A veterans/military) for a state servicemember lease provision. Source: SDCL 43-32-19(1)-(2); 43-32-23 |
Related questions
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
South Dakota vs. neighboring states
| State | Ending a lease: domestic violence | Ending a lease: military, medical, death |
|---|---|---|
| South Dakota | If the tenant or a household member is the victim of alleged domestic abuse, unlawful sexual behavior or stalking, the tenant may terminate and vacate on or before a specified date without early-termination penalty by written notice stating the termination is due to fear of imminent danger or injury, attaching one of: a police report signed in the prior 30 days, a protection order issued in the prior 30 days, or documentation from a licensed health care provider who examined the tenant/household member in the prior 30 days. The tenant owes no early termination fee and no rent for the month following the month in which the tenant vacates. Landlord may not disclose the tenant's forwarding/contact information without consent unless required by law. SDCL 43-32-19(3); 43-32-19.1; 43-32-19.2 | Tenant may end a lease early if the landlord fails, within a reasonable time after written request, to put the tenant in quiet possession or make required repairs, or if the greater part of the premises is destroyed other than by tenant negligence. A lease terminable at either party's pleasure ends on notice of a party's death or incapacity; other leases are not ended by death. No state military, medical or senior-care termination right found in ch. 43-32. SDCL 43-32-19(1)-(2); 43-32-23 |
| Iowa | No statute — Iowa Code ch. 562A contains no right for domestic violence, sexual assault, or stalking survivors to end a lease early. Related protection: a landlord may not limit, penalize, fine, or evict a tenant for summoning police or emergency help for a victim of abuse or crime or in an emergency (tenant may recover a civil penalty of one month's rent, among other remedies). Iowa Code §562A.27B; ch. 562A (checked) | No statute found in Iowa Code ch. 562A giving early-termination rights for medical reasons, seniors moving to care, military service (beyond federal SCRA), or tenant death. Iowa Code ch. 562A (checked) |
| Minnesota | A tenant may end the lease without penalty if the tenant or an authorized occupant fears imminent violence after domestic abuse, criminal sexual conduct, sexual extortion or harassment. The tenant must give signed, dated advance written notice by mail, in person, or by the usual written method of communication with the landlord. The notice must state the fear of imminent violence, the need to terminate, the termination date, and instructions for disposing of any personal property. A qualifying document must be attached: an order for protection, a no-contact order, a court official's writing, or a qualified third party's statement. A sole tenant owes rent for the full month in which the tenancy ends, gives up the security deposit, and owes no further rent. With multiple tenants, the whole lease ends at the later of month-end or the end of the rent interval. The landlord must keep the information confidential ($2,000 statutory damages) and cannot require the perpetrator's name. Minn. Stat. § 504B.206 | Tenant death: after the death of the tenant (or of all tenants), the landlord or the personal representative may end the lease with at least two months' written notice. The notice must take effect on the last day of a calendar month and be hand-delivered or sent by first-class mail. The estate still owes rent through the notice period and damage repair. Infirmity: a tenant or authorized representative may end the lease with at least two months' written notice, effective at month-end, hand-delivered or sent first-class. This applies when a medical professional (physician, APRN or mental health professional) finds the tenant must move into a medical care facility and the tenant meets the statute's need criteria. The notice must include the medical documentation and proof of acceptance at, or a pending application to, the facility. It does not apply if the landlord can offer an accessible unit in the same complex within two months. Neither right can be waived. Minn. Stat. §§ 504B.265, 504B.266 |
| Montana | No statute. The Residential Landlord and Tenant Act has no section letting a domestic violence, sexual assault or stalking survivor end a lease early. Mont. Code Ann. Title 70, Ch. 24 (section list reviewed) | No state statute found in the Residential Landlord and Tenant Act for military, medical/disability, senior, or tenant-death lease termination. Service members rely on the federal Servicemembers Civil Relief Act. Mont. Code Ann. Title 70, Ch. 24 (section list reviewed) |
| Nebraska | Yes. A tenant who is, or whose household member is, a victim of domestic violence may be released from the rental agreement if they have a protective order, restraining order or similar relief against the perpetrator, or a certification of domestic violence from a qualified third party (as under the federal VAWA 2013 housing provisions). The tenant must give the landlord a copy of that documentation and a written notice stating the release date (at least 14 and no more than 30 days after the notice) and naming any household members also being released. The tenant owes rent for the month in which the agreement is terminated but is not liable for rent or damage after the release date and cannot be charged a termination fee. Other co-tenants are not released, and a perpetrator cannot use this section. Neb. Rev. Stat. § 76-1431.01 (Laws 2021, LB320) | No state statute found in the URLTA for military, medical/disability, or senior lease termination; service members rely on the federal SCRA. On a tenant's death the statute addresses only retrieval of personal property by a tenant-designated authorized person, not termination of the lease. Neb. Rev. Stat. §§ 76-1401 to 76-1449; 76-1414(5) |
| North Dakota | A tenant who is a domestic violence victim, or who fears imminent domestic violence against the tenant or the tenant's minor children, may end the lease. The tenant gives the landlord advance written notice saying the tenant fears imminent domestic violence from a person named in a court order, no-contact order, protection order, or other court record, that the tenant needs to end the tenancy, and the specific end date. The notice goes by mail, fax, or in person. The tenant owes rent for the full month in which the tenancy ends plus one more month's rent (subject to the landlord's duty to mitigate), paid on or before the end date, and is then released from the rest of the lease. The landlord must keep the documentation confidential. Refusing to rent to someone for using this right is prohibited, with $1,000 statutory damages plus actual damages and attorney's fees. N.D.C.C. § 47-16-17.1 | Tenant's death: on the death of a residential tenant, any surviving tenant or the estate may choose to end the lease on the last day of the month following the month of death. Chapter 47-16 has no state-law right for military members (beyond federal SCRA), medical or disability reasons, or seniors moving to care. A tenant may also end the lease if the landlord fails to make repairs or provide quiet possession within a reasonable time, or if the main part of the premises is destroyed. N.D.C.C. § 47-16-18; § 47-16-17 |
| Wyoming | Yes, as a defense to rent claims (Wyoming Safe Homes Act). A tenant who moves out is not liable for rent for the period after vacating if the court finds, by a preponderance of the evidence, either (1) the tenant or a household member was under a credible imminent threat of domestic abuse or sexual violence (sexual assault, sexual abuse or stalking) at the premises, shown by medical, court or police evidence, and the tenant gave the landlord 7 days' written notice before vacating stating that reason; or (2) the tenant or a household member was a victim of domestic abuse or sexual violence on premises owned or controlled by the landlord, the tenant gave 7 days' written notice before vacating stating the reason and the date and that medical, court or police evidence was provided to the landlord, and the abuse occurred no more than 60 days before the notice (or as soon as practicable if hospitalization, shelter or counseling prevented earlier notice). Rent owed before the tenant gave notice and vacated is still owed, and eviction for earlier nonpayment is not barred. A landlord may not terminate a tenancy based solely on a tenant's or household member's status as a victim. These rights cannot be waived or modified in a lease or separate agreement. Wyo. Stat. 1-21-1301 to 1-21-1304 | No state statute found for military (beyond federal SCRA), medical, senior, or tenant-death early termination. A court may terminate the rental agreement as relief in a renter's habitability action; the renter then gets the rent balance and deposit back within 30 days and must vacate 10-20 days after termination. Wyo. Stat. 1-21-1206(c), (d) |
City rules that may add to state law
More South Dakota rental law
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- Squatters' Rights in South Dakota
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- South Dakota Subletting, Lease Endings & Tenant Death
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- Free legal help in South Dakota
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Breaking a Lease in South Dakota FAQ
Can a domestic violence survivor break a lease in South Dakota?
If the tenant or a household member is the victim of alleged domestic abuse, unlawful sexual behavior or stalking, the tenant may terminate and vacate on or before a specified date without early-termination penalty by written notice stating the termination is due to fear of imminent danger or injury, attaching one of: a police report signed in the prior 30 days, a protection order issued in the prior 30 days, or documentation from a licensed health care provider who examined the tenant/household member in the prior 30 days. The tenant owes no early termination fee and no rent for the month following the month in which the tenant vacates. Landlord may not disclose the tenant's forwarding/contact information without consent unless required by law. (SDCL 43-32-19(3); 43-32-19.1; 43-32-19.2)
When can a tenant break a lease without penalty in South Dakota?
Tenant may end a lease early if the landlord fails, within a reasonable time after written request, to put the tenant in quiet possession or make required repairs, or if the greater part of the premises is destroyed other than by tenant negligence. A lease terminable at either party's pleasure ends on notice of a party's death or incapacity; other leases are not ended by death. No state military, medical or senior-care termination right found in ch. 43-32. (SDCL 43-32-19(1)-(2); 43-32-23)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.