South Dakota Month-to-Month Rent Increase Notice

South Dakota Month-to-Month Rent Increase Notice

Use this form only for a month-to-month tenancy after completing every legal, lease, coverage, and program check below.

South Dakota Month-to-Month Modification Module

Under S.D. Codified Laws § 43-32-13, a landlord may modify the terms of a month-to-month lease by written notice at least 30 days before the expiration of the month. The new rent or terms become part of the lease if the tenant holds over after the change. Within 15 days after receiving the notice, the tenant may notify the landlord that the tenant will terminate the lease effective the first day of the next month. Do not use this module for a fixed-term or differently structured tenancy without separate legal review.

• Tenancy is month-to-month: ☐ Yes
• Written notice is at least 30 days before expiration of the month: ☐ Yes
• Notice states the tenant's 15-day termination option: ☐ Yes
• Lease and current law permit the proposed modification: ☐ Yes
• Fair-housing, subsidy, deed-restriction, emergency, and local requirements checked: ☐ Yes
• Longer controlling notice period: ☐ None ☐ [____] days under [________________________]

1. Property, Parties, and Tenancy

• Date of notice: [__/__/____]
• Landlord/agent: [________________________________]
• Tenant(s): [________________________________]
• Property address/unit: [________________________________]
• Current monthly rental period ends: [__/__/____]
• Lease section relevant to modification: [________________________________]
• Rent is normally due on day [____] of each month.

2. Increase Calculation and Effective Date

Calculation: (proposed amount − current amount) ÷ current amount × 100 = [____]%.

3. Notice to Tenant

Date: [__/__/____]

To: [TENANT NAME(S)]
At: [PROPERTY ADDRESS AND UNIT]

This is written notice that, if you hold over after the change, beginning [EFFECTIVE DATE] the monthly rent and any disclosed recurring housing charges for the premises will change:

• Current monthly amount: $[________]
• New monthly amount: $[________]
• Change: $[________] ([____]%)

Under S.D. Codified Laws § 43-32-13, you may notify the landlord within 15 days after you receive this notice that you will terminate the lease. If you timely exercise that option, termination is effective on the first day of the next month.

Written termination notice may be delivered to: [________________________________]

The new amount is due on the regular rent-payment date and must be paid by the method stated in the rental agreement. All other terms remain unchanged except:

[____________________________________________________________]

This notice does not waive any tenant right or landlord duty under controlling federal, state, local, subsidy, or other program law.

Landlord/authorized agent: [________________________________]

Signature: [________________________________] Date: [__/__/____]

Contact/address for lawful communications: [________________________________]

4. Service and Proof

Permitted service method verified under current controlling law and the rental agreement: ☐ Yes

• Method: ☐ Personal delivery ☐ Mail ☐ Other lawful method: [________]
• Person/address served: [________________________________]
• Date/time received, served, or mailed: [__/__/____] [____]
• Tenant's 15-day response deadline calculated as: [________________________________]
• Tracking/certificate/witness: [________________________________]

Server name/signature/date: [________________________________]

5. File Record

• Signed lease and amendments retained: ☐ Yes
• 30-day calculation retained: ☐ Yes
• Tenant response, if any, retained: ☐ Yes ☐ None received
• Current state and program sources saved or cited: ☐ Yes
• Copy of notice and service proof retained: ☐ Yes

Sources and References

• 42 U.S.C. § 3604 — https://uscode.house.gov/view.xhtml?req=(title:42%20section:3604%20edition:prelim)
• S.D. Codified Laws § 43-32-13 — South Dakota Legislature — https://sdlegislature.gov/api/Statutes/43-32-13.html?all=true