Notice periods / South Dakota

South Dakota notice periods

A South Dakota landlord must give 30 days’ written notice to end a month-to-month tenancy, and the tenant must give the same. A rent increase needs 30 days’ notice. For nonpayment, no statutory pay-or-quit period applies; the landlord may proceed after rent is due and unpaid, subject to the lease.

Landlord ends month-to-month
30 days
Tenant ends month-to-month
30 days
Rent increase
30 days
Pay or quit
None by statute
Rent due on the 1st. Most statutes require termination notices to line up with the rental period.

South Dakota notice requirements in full

The South Dakota rules in detail

Ending a month-to-month tenancy · SDCL § 43-32-15; § 43-32-13; § 21-16-1(4) (eviction may be filed once rent is 3 days past due; the separate 3-day written notice to quit formerly required by § 21-16-2 was REPEALED by 2024 SB 90, SL 2024 ch. 75, so no statutory pay-or-quit notice period now applies)

Notice at least as long as the rental period, not exceeding one month (30 days for month-to-month) by either party

Rent increases

Landlord may modify terms, including rent, with at least 30 days' written notice before the end of the month; tenant may then terminate effective the first of the next month by giving notice within 15 days (§ 43-32-13)

Nonpayment (pay or quit)

No statutory pay-or-quit period. The landlord may proceed under the lease and court rules once rent is unpaid.

Serving the notice

Source: SDCL § 43-32-15; § 43-32-13; § 21-16-1(4) (eviction may be filed once rent is 3 days past due; the separate 3-day written notice to quit formerly required by § 21-16-2 was REPEALED by 2024 SB 90, SL 2024 ch. 75, so no statutory pay-or-quit notice period now applies).

Related South Dakota rules

Frequently asked questions

How much notice does a landlord have to give a tenant to move out in South Dakota?

30 days’ written notice for a month-to-month tenancy. Notice at least as long as the rental period, not exceeding one month (30 days for month-to-month) by either party

How much notice does a tenant have to give in South Dakota?

30 days’ written notice on a month-to-month tenancy. A fixed-term lease ends on its own date unless it says otherwise.

How much notice is required for a rent increase in South Dakota?

30 days. Landlord may modify terms, including rent, with at least 30 days' written notice before the end of the month; tenant may then terminate effective the first of the next month by giving notice within 15 days (§ 43-32-13)

How long is a pay-or-quit notice in South Dakota?

No statutory notice period for nonpayment; check the lease and local court rules.

Does the notice have to end on the last day of the month?

In most states, yes: a termination notice on a periodic tenancy takes effect at the end of a rental period that is at least the required number of days after service. Serving on the 15th with a 30-day requirement typically ends the tenancy at the end of the following month, not 30 days later. The calculator shows both dates.

Notice periods in other states