How can a lease be terminated under South Dakota law?

A written lease specifies an expiry date on which the agreement terminates, and generally cannot be terminated prior to the expiry date unless the parties agree. If there is no written lease, the rental period is determined by how often the rent is paid. If rent is paid every month, the tenancy is month-to-month. This means that either party must give the other party 1 month's notice before ending the agreement. If the rent is paid weekly, the notice period is 1 week.

On what grounds can a landlord evict a tenant?

The landlord can evict a tenant for several reasons, such as non-payment of rent, damage to the premises, violation of the terms of the rental agreement, or remaining on the property after the expiration of the rental agreement. The landlord must give the tenant proper notice as prescribed by State law, and if the tenant does not move or cure the problem within the allotted time, the landlord can commence a forcible entry and detainer action (eviction).

A landlord may not cut off utilities or necessary services, lock a tenant out or otherwise try to take possession of the premises by any means other than through the courts.

A landlord cannot increase rent, threaten eviction, cut off or reduce services as retaliation against a tenant for complaining to the landlord or to a government agency with respect to the condition of the premises, for organizing or joining a tenants' association, or otherwise availing him/herself of any other lawful rights and remedies.



The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.

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