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What Is a South Dakota Month-to-Month Lease Agreement?

A South Dakota month-to-month lease agreement creates a short-term tenancy between a landlord and a tenant. It renews at the beginning of each month. While it is technically a short-term rental agreement, it can act as an indefinite arrangement between the parties depending on their needs. A month-to-month lease must comply with South Dakota landlord-tenant laws.

A short-term lease should include all of the standard clauses found in a 12-month lease. Examples include:

  • Addressing the amount of the monthly rent and the due dates
  • The amount of the late fees when nonpayment of rent occurs
  • Rent increases
  • Occupancy information
  • Pet policy
  • Whether the tenant is required to take care of the common areas
  • Subletting
  • Lease termination information
  • Delivery of written notices and notice period information
  • Information about the security deposit
  • Information about the eviction process.

 

What Laws Apply to South Dakota Month-to-Month Lease Agreements?

State laws that apply to South Dakota month-to-month rental agreements are found in Chapter 43-32 of Codified Laws: Lease of Real Property. Under § 43-32-6.1, security deposits are limited to one month’s rent unless the landlord and tenant agree to a larger deposit in writing because there is a special condition where the tenant creates a danger to the premises.

Landlords and property managers should seek legal advice regarding state law and proper disclosures before renting out real estate. For example, landlords are required by South Dakota law to provide a disclosure to renters if a methamphetamine lab was discovered on the rental property. Getting legal advice related to leasing can be very beneficial.

Terminating a South Dakota Month-to-Month Lease Agreement

Under § 43-32-13, providing a termination notice depends on whether the party is the landlord or the tenant. If the party terminating the residential lease agreement is the tenant, they must provide the landlord with a 15 days' notice. If the party terminating the rental agreement is the landlord, they must provide the tenant with a 30 days' notice.

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South Dakota Month to Month Lease Agreement

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