Notice to Terminate Tenancy at Will (No Cause) — South Dakota

NOTICE TO TERMINATE TENANCY AT WILL (NO CAUSE) — SOUTH DAKOTA

TABLE OF CONTENTS

1. Notice Header and Parties
2. Premises and Tenancy
3. Termination of Tenancy and Effective Date
4. Move-Out Requirements
5. Final Rent and Security Deposit
6. Holdover Consequences
7. Reservation of Rights and Non-Waiver
8. Notice Regarding Federal Subsidy and Servicemembers
9. Statutory and Regulatory Authority
10. Tenant's Rights, Defenses, and Resources
11. Signature and Verification
12. Proof of Service
13. South Dakota Practice Notes
14. Sources and References

1. NOTICE HEADER AND PARTIES

TO: [TENANT'S FULL LEGAL NAME], and all other occupants in possession (the "Tenant")

FROM: [LANDLORD'S FULL LEGAL NAME / ENTITY] (the "Landlord")

DATE OF NOTICE: [__/__/____]

2. PREMISES AND TENANCY

The premises subject to this Notice (the "Premises") are located at:

[FULL STREET ADDRESS, UNIT NUMBER, CITY, COUNTY, SD, ZIP]

The Tenant currently occupies the Premises under a tenancy at will (month-to-month residential rental), which the parties may terminate upon fifteen (15) days' written notice pursuant to SDCL § 43-32-13 (as amended by 2024 SB 89, effective July 1, 2024).

3. TERMINATION OF TENANCY AND EFFECTIVE DATE

YOU ARE HEREBY NOTIFIED that the Landlord, pursuant to SDCL § 43-32-13, hereby terminates your tenancy at the Premises effective at 11:59 p.m. on [TERMINATION DATE: __/__/____] (the "Termination Date"). The Termination Date is at least fifteen (15) calendar days after service of this Notice.

YOU ARE FURTHER REQUIRED to vacate and surrender the Premises to the Landlord on or before the Termination Date.

No Cause Required. This is a no-cause termination of a tenancy at will. The Landlord is not required by South Dakota statute to state a reason for termination of a tenancy at will. The absence of a stated reason shall not be construed as an admission that any unlawful or retaliatory motive exists.

4. MOVE-OUT REQUIREMENTS

On or before the Termination Date, the Tenant must:

(a) Remove all personal property from the Premises;
(b) Leave the Premises in clean and good condition, ordinary wear and tear excepted;
(c) Return all keys, fobs, garage openers, parking permits, mailbox keys, and access cards to the Landlord at [ADDRESS];
(d) Provide a forwarding address in writing for return of any security deposit and final accounting;
(e) Cancel and pay any utilities for which the Tenant is the account holder;
(f) Schedule and attend a move-out inspection with the Landlord on [__/__/____] at [__:__ __M.] (optional but encouraged).

5. FINAL RENT AND SECURITY DEPOSIT

5.1 Final Rent. Rent shall continue to accrue on a daily prorated basis through and including the date the Tenant vacates and surrenders possession. As of the Termination Date, the prorated final rent due is $[________].

5.2 Security Deposit. Pursuant to SDCL § 43-32-6.1, the Landlord shall, within two (2) weeks after the termination of the tenancy and after receipt of the Tenant's forwarding address:

(a) Return the Tenant's security deposit (less lawful deductions for unpaid rent and damages beyond ordinary wear and tear); OR

(b) Provide a written statement of the reasons for withholding all or part of the deposit, with a full itemized accounting to be furnished within forty-five (45) days after the termination of the tenancy if requested by the Tenant.

Failure to return the deposit or provide the required statement may, by statute, forfeit the Landlord's right to retain any portion of the deposit and may render the Landlord liable for the entire deposit, plus punitive damages where bad faith is shown.

6. HOLDOVER CONSEQUENCES

If the Tenant fails to vacate by the Termination Date, the Tenant shall be deemed a holdover and the Landlord will commence a Forcible Entry and Detainer action in [NAME] County Magistrate or Circuit Court pursuant to SDCL Chapter 21-16 without further notice. The Landlord may seek possession, holdover damages (often at 1.5× to 2× the daily rate, as provided in the Lease or by common law), court costs, and attorney's fees as authorized by the Lease and applicable law.

A judgment of possession is enforced by sheriff's writ. Holdover may also impair the Tenant's ability to obtain future rental housing.

7. RESERVATION OF RIGHTS AND NON-WAIVER

7.1. The Landlord's acceptance of any rent that accrues prior to the Termination Date shall NOT constitute a renewal of the tenancy or a waiver of this Notice unless expressly agreed in a writing signed by the Landlord.

7.2. The Landlord reserves all rights and remedies at law and in equity, including monetary damages, restitution of possession, attorney's fees as authorized by the Lease, and prejudgment interest under SDCL § 54-3-16.

7.3. This Notice does not waive any other ground for termination (e.g., nonpayment of rent, breach of lease covenant) that the Landlord may assert in the alternative.

8. NOTICE REGARDING FEDERAL SUBSIDY AND SERVICEMEMBERS

8.1 Subsidized Housing. If your tenancy is assisted under any federal program (Section 8 HCV, project-based Section 8, public housing, Rural Development, LIHTC, HOME, or other), federal "good cause" termination rules may bar a no-cause termination notwithstanding state law. DO NOT TREAT THIS NOTICE AS VALID FOR SUBSIDIZED HOUSING WITHOUT REGULATORY REVIEW.

8.2 Servicemembers. Pursuant to SDCL § 43-32-16 and the Servicemembers Civil Relief Act (50 U.S.C. § 3951), if the Tenant or the Tenant's spouse or dependent is a servicemember on active duty, the Landlord must generally provide TWO MONTHS' written notice before terminating a tenancy at will, unless the Tenant has breached the lease or the property has been sold. The SCRA also bars default eviction without court order and entitles the Tenant to a stay of proceedings on application.

If you claim SCRA or servicemember-spouse status, notify the Landlord in writing and the 15-day period in this Notice will be extended to comply with applicable law.

9. STATUTORY AND REGULATORY AUTHORITY

• SDCL § 43-32-13 — Modification and termination of leases (15-day residential tenancy-at-will notice as amended by 2024 SB 89).
• SDCL § 43-32-15 — Tenancy at will defined.
• SDCL § 43-32-16 — Termination of tenancy at will; servicemember protection.
• SDCL § 43-32-6.1 — Security deposit return (2 weeks; 45 days for itemized accounting).
• SDCL § 21-16-1, § 21-16-7 — Forcible Entry and Detainer; five-day answer period.
• SDCL § 43-32-27, § 43-32-28 — Retaliation cause of action.
• SDCL § 20-13-20 — Housing discrimination.
• 42 U.S.C. § 3604 (Fair Housing Act); 50 U.S.C. § 3951 (SCRA).

10. TENANT'S RIGHTS, DEFENSES, AND RESOURCES

YOU MAY HAVE LEGAL DEFENSES, including without limitation:

• Insufficient Notice — Service less than 15 days before the Termination Date (or less than 2 months for protected servicemembers).
• Retaliation — Service within 180 days of a protected complaint creates a rebuttable presumption under SDCL § 43-32-27. Remedies include up to two months' rent, return of deposit, and up to $500 attorney's fees.
• Discrimination — Termination motivated by membership in a protected class (SDCL § 20-13-20; 42 U.S.C. § 3604), including reasonable accommodation/modification denial.
• Federal Good-Cause Protection — For subsidized tenancies; preempts no-cause termination.
• SCRA / Servicemember Protection — Stay or barred eviction without court order.
• Defective Notice — Wrong tenancy type (e.g., still within fixed term), wrong effective date, or improper service.
• Bankruptcy Stay — 11 U.S.C. § 362.

FREE AND LOW-COST RESOURCES

• East River Legal Services (Sioux Falls): (605) 336-9230 — https://erlservices.org
• Dakota Plains Legal Services (Mission / Western SD): (605) 856-4444 — https://dpls.org
• South Dakota State Bar Lawyer Referral: (605) 224-7554
• 211 South Dakota: dial 2-1-1 (rental and shelter assistance)
• South Dakota Division of Human Rights: (605) 773-3681 — https://dlr.sd.gov/human_rights/
• HUD Region VIII Fair Housing: 1-800-877-7353
• Servicemembers' Legal Assistance: https://legalassistance.law.af.mil/

YOU SHOULD CONSULT WITH AN ATTORNEY OR LEGAL-AID ORGANIZATION IMMEDIATELY.

11. SIGNATURE AND VERIFICATION

Date: [__/__/____]

____________________________________
[LANDLORD / AUTHORIZED AGENT NAME]
Title: [OWNER / PROPERTY MANAGER / AGENT]
Address: [________________________________]
Telephone: [(___) ___-____]

State of South Dakota )
) ss.
County of [________] )

Subscribed and sworn to before me on [__/__/____].

____________________________________
Notary Public — South Dakota
My commission expires: [__/__/____]

(SEAL)

12. PROOF OF SERVICE

I, the undersigned, being over the age of eighteen (18) years and not a party to this action, certify that on [__/__/____] at approximately [__:__ __M.] I served the foregoing Notice to Terminate Tenancy at Will upon the Tenant identified above, by the following method (check all that apply):

☐ Personal delivery to the Tenant at the Premises.
☐ Delivery to a person of suitable age and discretion (Name: [________]) residing at the Premises, AND mailing a copy by First-Class U.S. Mail.
☐ Posting in a conspicuous place at the Premises (after attempting personal service), AND mailing a copy by First-Class U.S. Mail.
☐ Certified U.S. Mail, return receipt requested (article no. [________]), AND First-Class U.S. Mail.

I declare under penalty of perjury under the laws of the State of South Dakota that the foregoing is true and correct.

____________________________________
[NAME OF SERVER]
Address: [________________________________]
Telephone: [(___) ___-____]

13. SOUTH DAKOTA PRACTICE NOTES

13.1 Period Reduced to 15 Days in 2024. Effective July 1, 2024 (2024 SB 89), the residential tenancy-at-will notice period under SDCL § 43-32-13 was reduced from thirty (30) days to fifteen (15) days. Older form books and online templates often still reference 30 days; they are out of date for residential tenancies. Verify the current statutory period before each service.

13.2 Tenant Counter-Notice. SDCL § 43-32-13 also permits the tenant to terminate the tenancy effective the first day of the next month by giving notice within fifteen (15) days of receipt of a landlord's notice of modification.

13.3 No URLTA. South Dakota has not adopted the URLTA. Tenancy-at-will rules derive from SDCL Chapter 43-32, the lease, and common law.

13.4 Retaliation Window. SDCL § 43-32-27 creates a 180-day rebuttable presumption of retaliation. Document a legitimate, nonretaliatory ground BEFORE serving any no-cause notice that follows a tenant complaint about habitability or governmental complaint.

13.5 Mobile-Home-Park Tenants. Lot-only mobile-home tenancies follow SDCL § 43-32-29 et seq., which require longer notice for termination and lot-rent disputes. Do NOT use this template for mobile-home-park lot tenancies.

13.6 Alignment with Rent Period. A no-cause termination of a month-to-month tenancy ordinarily takes effect at the end of a rental period. While SDCL § 43-32-13 specifies a 15-day notice, sound practice serves on or before the 15th of the month for a month-end termination, to avoid disputes about prorated rent or "broken" rental periods.

13.7 Sioux Falls and Rapid City. Limited municipal landlord-tenant regulation. Verify any local rental-licensing requirement, just-cause ordinance, or local nondiscrimination ordinance (e.g., source-of-income protections) before service.

13.8 Computation of Time. Apply SDCL § 15-6-6 by analogy. Day of service excluded; final day included unless Saturday, Sunday, or legal holiday.

14. SOURCES AND REFERENCES

• South Dakota Codified Laws, Chapter 43-32 (Lease of Real Property): https://sdlegislature.gov/Statutes/43-32
• South Dakota Codified Laws, § 43-32-13 (Modification of lease; tenant termination): https://sdlegislature.gov/Statutes/43-32-13
• South Dakota Codified Laws, Chapter 21-16 (Forcible Entry and Detainer): https://sdlegislature.gov/Statutes/21-16
• South Dakota Codified Laws, Chapter 20-13 (Human Rights): https://sdlegislature.gov/Statutes/20-13
• 2024 SB 89 / SB 90: https://sdlegislature.gov
• South Dakota Unified Judicial System — Eviction Self-Help: https://ujs.sd.gov/self-help/civil-law-help/evictions/
• South Dakota Department of Labor & Regulation, Division of Human Rights: https://dlr.sd.gov/human_rights/
• South Dakota Consumer Protection — Landlord/Tenant Fast Facts: https://consumer.sd.gov/fastfacts/landlordtenant.aspx
• East River Legal Services: https://erlservices.org
• Dakota Plains Legal Services: https://dpls.org
• Federal Fair Housing Act, 42 U.S.C. §§ 3601–3619
• Servicemembers Civil Relief Act, 50 U.S.C. § 3951 et seq.
• HUD multifamily regulations (24 C.F.R. Parts 5, 247, 966, 982)

END OF NOTICE