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.
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.