Notice to Terminate Tenancy at Will (No Cause) — South Dakota
NOTICE TO TERMINATE TENANCY AT WILL (NO CAUSE) — SOUTH DAKOTA
Before you use this: If the tenant owns a mobile or manufactured home on leased land being developed for an alternate use, use the 90-day alternate-use notice. SDCL 43-32-31 requires at least 90 days in that situation; this shorter notice does not replace it.
Date: [__/__/____]
To: [TENANT NAME(S)]
From: [LANDLORD OR AUTHORIZED AGENT]
Premises: [STREET ADDRESS, UNIT, CITY, SOUTH DAKOTA ZIP]
Notice of termination
You occupy the premises under a residential tenancy at will. Under SDCL § 43-8-8, I am terminating that tenancy and require you to vacate and return possession by [DATE] at [TIME]. This date is at least 15 days after this notice is served under SDCL § 43-8-9.
If the premises are the residence of a tenant on active military service, or an immediate family member on active military service, the notice period is two months unless an exception in § 43-8-8 applies. For this section, an immediate family member is a spouse or minor child. [Confirm the applicable period and any exception before serving.]
This notice concerns a tenancy at will. A hiring for a monthly term with no duration specified may require a different termination notice under SDCL § 43-32-15. This notice does not terminate a fixed term before its agreed expiration.
Return keys and possession to [NAME AND ADDRESS]. You may provide a forwarding address for any deposit accounting: [ADDRESS OR DELIVERY INSTRUCTIONS].
Landlord or agent signature: ______________________________
Printed name and title: [________________________________]
Mailing address: [________________________________]
Certificate of service
I served this written notice on [DATE] at [TIME] using the following method under SDCL § 43-8-9:
☐ Delivered it to the tenant.
☐ Delivered it to [NAME], a person of discretion residing at the premises.
☐ After reasonable diligence, neither the tenant nor such a resident could be found; I affixed it to a conspicuous part of the premises where it could conveniently be read. Attempts made: [DATES, TIMES, AND DETAILS].
Server signature: ______________________________ Date: [__/__/____]
Server name and contact: [________________________________]
Official sources
- SDCL § 43-8-8: https://www.sdlegislature.gov/api/Statutes/Statute/43-8-8
- SDCL § 43-8-9: https://www.sdlegislature.gov/api/Statutes/Statute/43-8-9
- SDCL § 43-32-15: https://www.sdlegislature.gov/api/Statutes/Statute/43-32-15
About this template
- Last updated
- November 6, 2026
- Citations checked
- November 6, 2026
- Jurisdiction
- South Dakota
- Category
- Landlord & Tenant
Legal authority
- SDCL § 43-8-8 (Termination of a residential tenancy at will; active military service)
- SDCL § 43-8-9 (Written notice and service)
- SDCL § 43-32-31 (mobile or manufactured home alternate-use notice)
Landlord-tenant paperwork governs who can stay in a property, on what terms, and what happens when something goes wrong. Leases, notices to quit, security deposit demands, and habitability complaints all have state and often city-specific requirements for timing, content, and service. Getting the paperwork right is what makes an eviction actually succeed or a security deposit actually come back, because judges regularly dismiss cases over small procedural mistakes.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on November 6, 2026.
SDCL § 43-32-31 (checked November 6, 2026): "give no less than ninety days notice to vacate and remove the home from the real property"
SDCL § 43-32-15 (checked November 6, 2026): "A hiring of real property for a term not specified by the parties is deemed to be renewed as stated in § 43-32-14 at the end of the term implied by law unless one of the parties gives notice to the other of his intention to terminate the same at least as long before the expiration thereof as the term of the hiring itself, not exceeding one month."
SDCL § 21-16-7 (checked November 6, 2026): "The time for appearance and pleading shall be five days from the time of service on the defendant or thirty days after the publication of service under § 21-16-6.1, whichever occurs sooner."
50 U.S.C. § 3951(a)(1) (checked November 6, 2026): "Except by court order, a landlord (or another person with paramount title) may not—(A) evict a servicemember, or the dependents of a servicemember, during a period of military service of the servicemember, from premises—(i) that are occupied or intended to be occupied primarily as a residence; and (ii) for which the monthly rent does not exceed $2,400, as adjusted under paragraph (2) for years after 2003;"
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