South Dakota Notice to Vacate

South Dakota notice periods

Each period is the one LeaseCraft's record of the statute holds. Read it with the conditions under it: some periods are minimums and some apply unless the lease sets another. "Lease controls" means the record holds no statutory period for that situation, and "No pre-suit notice" means it holds no notice before filing. The source column shows the law and the date LeaseCraft read it on the official site (most recently 2026-09-27).

What the South Dakota statute says

Ending a month-to-month tenancy: 30 days

• SDCL 43-32-15: a hiring for an unspecified term renews unless a party gives notice of intention to terminate 'at least as long before the expiration thereof as the term of the hiring itself, not exceeding one month' — i.e. one month's notice before the end of a monthly term (statute says 'one month', recorded as 30).
• Tenancy at will (residential): landlord's written notice to remove within a specified period of not less than fifteen days (43-8-8); two months if the tenant or an immediate family member is on active military service, with listed exceptions.
• Landlord may modify month-to-month lease terms (including rent) on at least thirty days' written notice before the end of the month (43-32-13).

Ending a week-to-week tenancy: 7 days

• 43-32-15: notice as long as the term of the hiring — one week for a week-to-week hiring.

Tenant staying after the lease ends: No pre-suit notice

• A lessee who 'holds over after the termination of his lease or expiration of his term' is subject to a forcible entry and detainer action (21-16-1(4)); the statutory pre-suit notice (21-16-2) was repealed in 2024.

Delivery, form and other South Dakota rules

Statewide just-cause rule

No statewide just-cause requirement

• No just-cause requirement found; periodic and at-will tenancies end on notice under 43-32-15 / 43-8-8.

SDCL 43-32-15; 43-8-8 · read 2026-09-27

How the notice may be delivered

SDCL 43-8-9 (notice to a tenant at will): in writing, served by delivering it to the tenant or to some person of discretion residing on the premises; or, if neither can with reasonable diligence be found, by affixing it on a conspicuous part of the premises where it may be conveniently read. No delivery method is prescribed for 43-32-15 periodic-tenancy notices; the repealed 21-16-2 (service like a summons) no longer applies.

SDCL 43-8-9 · read 2026-09-27

Preparing the notice

The form asks for the tenancy, the date the tenant must leave and how the notice is delivered, and states the notice period plainly. You enter the period; where LeaseCraft has verified the South Dakota period for ending a month-to-month tenancy, it refuses a shorter one.

Create a South Dakota notice to vacate

A notice is not a court order and does not by itself remove a tenant. Cities and counties can add rules. LeaseCraft is not a law firm and this is not legal advice.

Notice to Vacate rules in nearby states

Notice to Vacate rules for every state