Ending a month-to-month tenancy in South Dakota: notice as long as the period, up to a month

What does SDCL 43-32-15 say?

South Dakota Codified Law 43-32-15 says a hiring of real property for a term not specified by the parties is deemed to be renewed as stated in section 43-32-14 at the end of the term implied by law, unless one of the parties gives notice of an intention to terminate at least as long before the expiration as the term of the hiring itself, not exceeding one month. A monthly rental is a hiring of one month, so the notice is one month before the end of the monthly period. A weekly rental needs a week. Nothing in the section says it must be in writing, but a written notice is the only kind you can prove.

Section 43-32-14 explains the renewal side: if a lessee stays after the hiring expires and the lessor accepts rent, the parties are presumed to have renewed on the same terms and for the same time, not exceeding one year. So accepting a rent payment after a lease ends can create a new tenancy, and a monthly payment can create a monthly one.

How do you time the notice?

Work backward from the last day of the rent period you want to end. The notice must be given at least a month before that day. If the period runs through December 31, the statute's logic points to a notice given by November 30. Any later and the notice only works for the following period.

Example a made-up landlord wants a month-to-month tenant out at the end of the period that runs through Thursday, December 31, 2026. A one-month lead means notice given by Monday, November 30, 2026. A notice handed over on Wednesday, December 2 is too late for December 31 and ends the tenancy at the end of January instead.

When could the notice look like retaliation?

Section 43-32-27 creates a cause of action for a residential lessee when the lessor increases rent above fair market value, decreases electric, gas, water or sewer service, or gives notice to vacate that is not based on a breach, after one of three events: the lessor received written notice that the lessee complained in good faith to a government agency about a building or housing code violation affecting health and safety, the lessee gave written notice of a condition needing repair under 43-32-9, or the lessee organized or joined a tenants' union. It is a defense that the notice came more than 180 days after the event, and a lessor's failure to renew a written lease is not retaliation.

That matters here because a month-to-month notice with no stated breach is, by definition, "not based upon a breach." If a tenant sent a repair request last month, wait or get advice before serving the notice, and keep a record of your reasons.

What if the tenant stays and what should the notice include?

After the tenancy ends, a lessee who holds over can be taken to court in a forcible entry and detainer action under SDCL 21-16, described in our South Dakota eviction guide. Include the property address, the tenant names, the date the tenancy ends, your signature and the date, and a line stating how the tenant should return keys. Do not take rent for days after the end date without writing that it is for use and occupancy only.

• Counting one month from the date you drafted the notice instead of the date it was delivered.
• Accepting a full month of rent after the tenancy ends, which can look like a renewal under 43-32-14.
• Serving the notice right after a written repair request without checking 43-32-27.

Where does DoorKeeping fit?

DoorKeeping stores the lease, the rent ledger and a copy of every notice you send, so the date you served and the date it ends are on file if a court asks. You still write, serve and track the notice yourself. This is general information, not legal advice: check the current statute, and ask a local attorney if the tenant disputes the notice.

Sources

1. SDCL 43-32-15, Renewal of hiring unless notice given of termination (South Dakota Legislature), read Oct 30, 2026
2. SDCL 43-32-14, Retention of possession after expiration of hiring (South Dakota Legislature), read Oct 30, 2026
3. SDCL 43-32-27, Cause of action against lessor for retaliatory conduct (South Dakota Legislature), read Oct 30, 2026

Questions

How much notice for a South Dakota month-to-month lease?

At least as long as the term of the hiring, not exceeding one month, so one month for monthly rent (43-32-15).

Does South Dakota require the notice to be in writing?

The section does not say. Put it in writing so you can prove it.

Can ending a South Dakota tenancy be retaliation?

A notice to vacate not based on a breach can be, if it follows a code complaint, a repair request or tenant organizing within 180 days (43-32-27).