South Dakota Notice to Vacate: Notice Periods and Rules
In South Dakota, tenants give at least 30 days written notice to end a month-to-month tenancy, and landlords give at least 30 days. For unpaid rent, the law does not require a waiting period before filing. The details, exceptions and statute citations are below.
South Dakota notice periods at a glance
| Tenant ending a month-to-month tenancy | 30 days S.D. Codified Laws § 43-32-15 |
|---|---|
| Landlord ending a month-to-month tenancy | 30 days S.D. Codified Laws § 43-32-15 |
| Longer tenancies and special cases | A residential tenancy at will (no set rent period) can be ended by the landlord on at least 15 days' written notice, but if the tenant or an immediate family member is on active military service the tenant is entitled to two months' notice, with exceptions for serious misconduct or sale of the property (SDCL § 43-8-8). |
| Notice for unpaid rent | No notice period required before filing S.D. Codified Laws § 21-16-1(4); § 21-16-2 repealed by 2024 S.B. 90 (SL 2024, ch 75) |
| End of a fixed-term lease | A lease ends on its own at the end of the agreed term with no notice required (SDCL § 43-32-22), but if the landlord accepts rent after the term ends the lease is presumed renewed on the same terms for up to one year (SDCL § 43-32-14). |
| How notice can be delivered | For tenancy-at-will notices: written notice delivered to the tenant or a person of discretion living on the premises, or, if neither can be found with reasonable diligence, posted in a conspicuous place on the premises (SDCL § 43-8-9). § 43-32-15 itself does not prescribe a delivery method. |
South Dakota repealed its 3-day notice-to-quit statute (SDCL § 21-16-2) in 2024; an eviction may now be filed once rent is 3 days overdue under § 21-16-1(4), with no pre-filing notice required by statute, although many guides online still describe the old 3-day notice. Section 43-32-15 sets the notice as 'at least as long as the term of the hiring, not exceeding one month', so for a monthly tenancy that is one month ending at the end of a rental period.
What a South Dakota notice to vacate should include
- The names of every tenant on the lease and the full address, including unit number
- The date you are giving the notice and the date the tenancy ends
- A move-out date that gives at least the minimum notice above, counted from the day the notice is delivered
- For unpaid rent: the exact amount owed and how to pay it
- Your name, signature and contact details
- A record of how and when you delivered it (keep a copy)
Many month-to-month notices must also end on the last day of a rental period, so if rent is due on the 1st, the safest move-out date is the end of a month. Giving more notice than the minimum is fine; giving less usually makes the notice invalid.
South Dakota notice to vacate FAQ
How much notice does a tenant have to give in South Dakota?
For a month-to-month tenancy, at least 30 days in writing (S.D. Codified Laws § 43-32-15). If you have a fixed-term lease, check the lease: it may require notice before the end date or renew automatically.
How much notice does a landlord have to give in South Dakota?
To end a month-to-month tenancy without a specific reason, at least 30 days (S.D. Codified Laws § 43-32-15). A residential tenancy at will (no set rent period) can be ended by the landlord on at least 15 days' written notice, but if the tenant or an immediate family member is on active military service the tenant is entitled to two months' notice, with exceptions for serious misconduct or sale of the property (SDCL § 43-8-8).
What is the notice period for unpaid rent in South Dakota?
South Dakota does not require a waiting period before a landlord files for unpaid rent (S.D. Codified Laws § 21-16-1(4); § 21-16-2 repealed by 2024 S.B. 90 (SL 2024, ch 75)). A landlord still cannot change the locks or remove the tenant without a court order.
How do you deliver a notice to vacate in South Dakota?
For tenancy-at-will notices: written notice delivered to the tenant or a person of discretion living on the premises, or, if neither can be found with reasonable diligence, posted in a conspicuous place on the premises (SDCL § 43-8-9). § 43-32-15 itself does not prescribe a delivery method.
Do I need to give notice at the end of a fixed-term lease in South Dakota?
A lease ends on its own at the end of the agreed term with no notice required (SDCL § 43-32-22), but if the landlord accepts rent after the term ends the lease is presumed renewed on the same terms for up to one year (SDCL § 43-32-14).
Create your South Dakota notice
The form fills in the South Dakota notice period, dates and delivery details and gives you a print-ready PDF. You see the notice before you pay; plans start at $29.
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Checked October 2026. Laws change, and cities can add their own rules. This page is general information, not legal advice.
- https://sdlegislature.gov/Statutes?Statute=43-32-15
- https://sdlegislature.gov/Statutes?Statute=43-32-13
- https://sdlegislature.gov/Statutes?Statute=43-32-14
- https://sdlegislature.gov/Statutes?Statute=43-32-22
- https://sdlegislature.gov/Statutes?Statute=43-8-8
- https://sdlegislature.gov/Statutes?Statute=43-8-9
- https://sdlegislature.gov/Statutes?Statute=21-16-1
- https://sdlegislature.gov/Statutes?Statute=21-16-2
- https://sdlegislature.gov/Statutes?Statute=21-16-6
- https://mylrc.sdlegislature.gov/api/Documents/266740.html
Guides
- 30-Day Notice to Vacate: Sample Letter and Rules
- 30-Day Notice to Landlord: Intent to Vacate Letter
- Lease Termination Letter: End-of-Term and Early Termination
- Notice to Vacate Template and Sample Letter
- Notice to Pay Rent or Quit
- 60-Day Notice to Vacate
- Lease Non-Renewal Letter