South Dakota Notice to Terminate Tenancy (No Cause) (30-Day)
Create a free South Dakota notice to terminate tenancy (no cause). South Dakota requires a 30-day notice to terminate tenancy (no cause). Fill in the details, preview it live, and download a PDF or email it.
South Dakota requirement
South Dakota requires a 30-day notice to terminate tenancy (no cause). Figure depends on tenancy type. (a) Documented MONTH-TO-MONTH: SDCL 43-32-13 lets the landlord, on written notice 'at least thirty days before the expiration of the month,' modify the lease to take effect at month's end; SDCL 43-32-15 requires a termination notice at least as long before expiration as the term itself, 'not exceeding one month.' Use 30 days as the safe figure for a documented month-to-month. (b) RESIDENTIAL TENANCY/ESTATE AT WILL (no fixed term): 2024 SB 89 (SL 2024 ch 178, § 1) amended SDCL 43-8-8 — a residential estate at will 'may be terminated by the landlord giving notice to the tenant in the manner prescribed by § 43-8-9 to remove from the premises within a period... of not less than fifteen days' (reduced from 30). A tenant on active military service (or with an immediate-family member on active service) gets two months' notice, with narrow exceptions. NOTE the 15-day rule lives in SDCL 43-8-8, NOT chapter 43-32. consumer.sd.gov's FastFacts page still reflects stale pre-2024 figures.
Tenant Name(s)
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⚠ South Dakota requires a 30-day notice for a notice to terminate tenancy (no cause); the count runs from the date of SERVICE, and some states exclude weekends/holidays — verify before relying on a date. Figure depends on tenancy type. (a) Documented MONTH-TO-MONTH: SDCL 43-32-13 lets the landlord, on written notice 'at least thirty days before the expiration of the month,' modify the lease to take effect at month's end; SDCL 43-32-15 requires a termination notice at least as long before expiration as the term itself, 'not exceeding one month.' Use 30 days as the safe figure for a documented month-to-month. (b) RESIDENTIAL TENANCY/ESTATE AT WILL (no fixed term): 2024 SB 89 (SL 2024 ch 178, § 1) amended SDCL 43-8-8 — a residential estate at will 'may be terminated by the landlord giving notice to the tenant in the manner prescribed by § 43-8-9 to remove from the premises within a period... of not less than fifteen days' (reduced from 30). A tenant on active military service (or with an immediate-family member on active service) gets two months' notice, with narrow exceptions. NOTE the 15-day rule lives in SDCL 43-8-8, NOT chapter 43-32. consumer.sd.gov's FastFacts page still reflects stale pre-2024 figures.
Notice to Terminate Tenancy (No Cause) (South Dakota)
NOTICE TO TERMINATE TENANCY (NO CAUSE)
Date of Notice: ________________
From (Landlord/Agent): [LANDLORD/AGENT NAME], [LANDLORD ADDRESS]
To: [TENANT NAME(S)], Tenant(s) in possession of: [PROPERTY ADDRESS]
YOU ARE HEREBY NOTIFIED that your month-to-month tenancy is terminated. You are required to vacate and surrender possession of the property within 30 days after this notice is served on you. This notice ends the tenancy; rent remains due through the termination date.
If you do not comply with this notice within the time stated, the landlord may begin legal proceedings to recover possession of the property under SDCL ch. 21-16 (Forcible Entry and Detainer), esp. § 21-16-1 (grounds; nonpayment ripe after 3 days) and § 21-16-2 (Notice to Quit, REPEALED by SL 2024 ch 75 / SB 90); SDCL ch. 43-32 (Lease of Real Property), esp. §§ 43-32-13, 43-32-15, 43-32-18; SDCL 43-8-8 (residential estate at will — 15-day notice, amended by SL 2024 ch 178 / SB 89).
Only a court can order you to move out. The landlord may NOT lock you out, remove your belongings, or shut off your utilities; doing so is illegal.
How this notice may be served: For the court-stage Summons and Complaint in a forcible-entry-and-detainer action, SDCL 21-16-6 directs that a sheriff or authorized person make a minimum of two service attempts on the lessee/subtenant/party in possession, each attempt at least one week apart and both within thirty days; on the second attempt the summons may be posted conspicuously on the property, delivered to a person residing there if found, and sent first-class mail. Pre-suit termination/modification notices under SDCL 43-32-13 must be 'in writing' and served on the tenant; at-will termination notices under 43-8-8 must be given 'in the manner prescribed by § 43-8-9.' SDCL 21-16-7 (as amended by SB 90) now gives the tenant FIVE days (increased from four) to appear and plead after the Summons and Complaint.
_______________________________________
[LANDLORD/AGENT NAME] — Landlord / Authorized Agent
[LANDLORD ADDRESS]
Date: ________________
PROOF OF SERVICE
I served this notice on the tenant(s) on ____________ (date).
Method of service (use a method permitted in your state — see the service note above):
_______________________________________________________________________
_______________________________________ Date: ____________
Signature of person serving the notice
Email yourself a copy (PDF)
Self-help template, not legal advice. You cannot remove a tenant yourself — serve a proper notice and, if needed, file in court. Confirm South Dakota and local rules first.
South Dakota Notice to Terminate Tenancy (No Cause) Rules
A Notice to Terminate Tenancy (also called a notice to vacate or non-renewal) ends a month-to-month tenancy without alleging fault. The landlord must give the state's required advance notice. Some states (and cities) require "just cause" and limit no-fault terminations.
South Dakota requires a 30-day notice to terminate tenancy (no cause). Figure depends on tenancy type. (a) Documented MONTH-TO-MONTH: SDCL 43-32-13 lets the landlord, on written notice 'at least thirty days before the expiration of the month,' modify the lease to take effect at month's end; SDCL 43-32-15 requires a termination notice at least as long before expiration as the term itself, 'not exceeding one month.' Use 30 days as the safe figure for a documented month-to-month. (b) RESIDENTIAL TENANCY/ESTATE AT WILL (no fixed term): 2024 SB 89 (SL 2024 ch 178, § 1) amended SDCL 43-8-8 — a residential estate at will 'may be terminated by the landlord giving notice to the tenant in the manner prescribed by § 43-8-9 to remove from the premises within a period... of not less than fifteen days' (reduced from 30). A tenant on active military service (or with an immediate-family member on active service) gets two months' notice, with narrow exceptions. NOTE the 15-day rule lives in SDCL 43-8-8, NOT chapter 43-32. consumer.sd.gov's FastFacts page still reflects stale pre-2024 figures. The notice is served under SDCL ch. 21-16 (Forcible Entry and Detainer), esp. § 21-16-1 (grounds; nonpayment ripe after 3 days) and § 21-16-2 (Notice to Quit, REPEALED by SL 2024 ch 75 / SB 90); SDCL ch. 43-32 (Lease of Real Property), esp. §§ 43-32-13, 43-32-15, 43-32-18; SDCL 43-8-8 (residential estate at will — 15-day notice, amended by SL 2024 ch 178 / SB 89).
How to Serve a Notice to Terminate Tenancy (No Cause) in South Dakota
For the court-stage Summons and Complaint in a forcible-entry-and-detainer action, SDCL 21-16-6 directs that a sheriff or authorized person make a minimum of two service attempts on the lessee/subtenant/party in possession, each attempt at least one week apart and both within thirty days; on the second attempt the summons may be posted conspicuously on the property, delivered to a person residing there if found, and sent first-class mail. Pre-suit termination/modification notices under SDCL 43-32-13 must be 'in writing' and served on the tenant; at-will termination notices under 43-8-8 must be given 'in the manner prescribed by § 43-8-9.' SDCL 21-16-7 (as amended by SB 90) now gives the tenant FIVE days (increased from four) to appear and plead after the Summons and Complaint. A defective notice or improper service can get an eviction dismissed.
Frequently Asked Questions
How many days is a South Dakota notice to terminate tenancy (no cause)?
South Dakota requires a 30-day notice to terminate tenancy (no cause). Figure depends on tenancy type. (a) Documented MONTH-TO-MONTH: SDCL 43-32-13 lets the landlord, on written notice 'at least thirty days before the expiration of the month,' modify the lease to take effect at month's end; SDCL 43-32-15 requires a termination notice at least as long before expiration as the term itself, 'not exceeding one month.' Use 30 days as the safe figure for a documented month-to-month. (b) RESIDENTIAL TENANCY/ESTATE AT WILL (no fixed term): 2024 SB 89 (SL 2024 ch 178, § 1) amended SDCL 43-8-8 — a residential estate at will 'may be terminated by the landlord giving notice to the tenant in the manner prescribed by § 43-8-9 to remove from the premises within a period... of not less than fifteen days' (reduced from 30). A tenant on active military service (or with an immediate-family member on active service) gets two months' notice, with narrow exceptions. NOTE the 15-day rule lives in SDCL 43-8-8, NOT chapter 43-32. consumer.sd.gov's FastFacts page still reflects stale pre-2024 figures.
What happens after I serve the notice?
If the tenant does not comply by the deadline, you can file an eviction case in South Dakota court. Only a court order, enforced by a sheriff or constable, can remove the tenant.
Can I email or download the notice?
Yes — fill in the form above, then download the PDF or email a copy to yourself. Serve it on the tenant using a method South Dakota allows.
Disclaimer
This South Dakota notice to terminate tenancy (no cause) generator is a self-help tool for general informational purposes only and is not legal advice. Confirm South Dakota and local requirements before serving.