South Dakota Notice to Vacate Rules
South Dakota rules on notice to vacate for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: A tenancy with no specified term renews automatically unless a party gives notice of termination at least as long before expiration as the rental period, but not more than one month. SDCL 43-32-15
The rules in South Dakota
| Ending a month-to-month lease | A tenancy with no specified term renews automatically unless a party gives notice of termination at least as long before expiration as the rental period, but not more than one month. For a month-to-month tenancy, either party gives one month's notice. Lodgings with no set term are presumed monthly (SDCL 43-32-4). To change month-to-month terms such as rent, the landlord must give written notice at least 30 days before the end of the month. The tenant may then end the tenancy on the first day of the next month by giving notice within 15 days (SDCL 43-32-13). A residential tenancy at will may be ended by the landlord on at least 15 days' notice, or two months for tenants in active military service with some exceptions (SDCL 43-8-8, as amended by SL 2024, ch 178). Source: SDCL 43-32-15 |
|---|
Free calculators
- Notice Deadline Calculator — Enter the date a notice was delivered and see the date it runs out under your state's law.
Templates
Related questions
- How much notice does a landlord have to give to end a lease or not renew?
- What are my rights without a written lease?
- Can a landlord evict you for no reason?
South Dakota vs. neighboring states
| State | Ending a month-to-month lease |
|---|---|
| South Dakota | A tenancy with no specified term renews automatically unless a party gives notice of termination at least as long before expiration as the rental period, but not more than one month. For a month-to-month tenancy, either party gives one month's notice. SDCL 43-32-15 |
| Iowa | Either party: written notice at least 30 days before the periodic rental date specified in the notice. Week-to-week: at least 10 days. Terms longer than month-to-month: at least 30 days before the end of the term. Iowa Code § 562A.34 |
| Minnesota | Either party may end a tenancy at will with written notice at least as long as the interval between rent payments, or three months, whichever is less. For a monthly tenancy, that means at least one full rental period. The AG handbook and Judicial Branch describe this as one full rental period plus one day (e.g., notice by May 31 to leave at the end of June). Minn. Stat. § 504B.135 |
| Montana | Month-to-month: either party may terminate with at least 30 days' written notice. Week-to-week: at least 7 days' written notice. Same periods for landlord and tenant. Mont. Code Ann. § 70-24-441 |
| Nebraska | Either party: written notice at least 30 days before the periodic rental date specified in the notice. Week-to-week: at least 7 days' written notice. Neb. Rev. Stat. § 76-1437 |
| North Dakota | Either party: at least one calendar month's written notice, unless they agreed in writing to a longer period. If the landlord changes terms on 30 days' notice (§ 47-16-07), the tenant may end the tenancy at month's end with at least 25 days' notice. N.D.C.C. § 47-16-15(2)-(3), (5) |
| Wyoming | No statute — Wyoming sets no notice period for ending a month-to-month tenancy; the rental agreement governs. A periodic tenancy is not implied by law: when a lease ends, a tenant who stays (even if rent is accepted) is only a tenant by sufferance unless a new written agreement is signed. To remove a tenant who holds over, the landlord must serve a 3-day notice to quit before filing an FED case. W.S. 34-2-128, 34-2-129; 1-21-1002(a)(i), 1-21-1003 (Title 1, Ch. 21, Arts. 10 and 12 checked) |
City rules that may add to state law
More South Dakota rental law
- South Dakota Security Deposit Law
- South Dakota Eviction Laws
- Landlord Entry Rules in South Dakota
- South Dakota Repairs & Tenant Remedies
- South Dakota Rent Increase & Late Fee Laws
- Breaking a Lease in South Dakota
- Squatters' Rights in South Dakota
- South Dakota Rental Fee Rules
- South Dakota Section 8, Records & Right to Counsel
- South Dakota Mold, Pests, Heat & AC Rules
- South Dakota Privacy, Guests & Animal Rules
- South Dakota Landlord Selling the House
- South Dakota Lockouts, Utility Shutoffs & Retaliation
- South Dakota Subletting, Lease Endings & Tenant Death
- All South Dakota landlord-tenant rules
- Free legal help in South Dakota
Compare notice to vacate in all 50 states and DC →
South Dakota Notice to Vacate Rules FAQ
How much notice is needed to end a month-to-month lease in South Dakota?
A tenancy with no specified term renews automatically unless a party gives notice of termination at least as long before expiration as the rental period, but not more than one month. For a month-to-month tenancy, either party gives one month's notice. (SDCL 43-32-15)
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.