Last reviewed September 2026
Written by LawLease Editorial
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South Dakota Late Rent Notice
This Late Rent Notice is built with South Dakota as the governing state. These are the South Dakota landlord-tenant rules that most often bear on it, with the statute for each.
South Dakota rules at a glance
| Late fees | No statutory cap; must be reasonable and stated in the lease |
|---|---|
| Nonpayment eviction | No pre-suit notice to quit since 2024; eviction action once rent is 3 days lateSDCL §21-16-1(4) |
| Nonpayment of rent | A forcible entry and detainer action is available once rent is unpaid three days after it’s due (§21-16-1(4)). The former three-day notice to quit (§21-16-2) was repealed in 2024, so no pre-suit notice is required by statute — but if your lease promises one, you must give it. |
| Lease violations | A landlord may terminate before the end of the term if the tenant uses the premises contrary to the lease, or fails to make repairs they’re responsible for within a reasonable time after request (§43-32-18). |
Rent, late fees & rent increases
South Dakota has no late-fee statute and no rent control. Unless the lease says otherwise, a hiring of real property is presumed to be for one year (SDCL §43-32-3), and a lease longer than one year must be in writing (§43-32-5).
- Late fees — No statute caps late fees or requires a grace period. A late fee should be written into the lease and be a reasonable estimate of the landlord’s cost of late payment; a fee that operates as a penalty risks being unenforceable.
- Rent increases — On a month-to-month lease, the landlord may change the rent or other terms by written notice given at least 30 days before the end of the month; the new terms take effect at the end of that month if the tenant stays (§43-32-13).
- Tenant’s exit right — A tenant who receives a notice of modification may terminate effective the first day of the next month by giving notice within 15 days of receiving it (§43-32-13).
- Fixed-term leases — Rent on a fixed-term lease can’t be raised mid-term unless the lease allows it. If the tenant stays on after the term and the landlord accepts rent, the lease is presumed renewed on the same terms for the same period, up to one year (§43-32-14).
Ending a South Dakota tenancy
A lease ends at the expiration of its agreed term or by mutual consent (SDCL §43-32-22). For a tenancy with no fixed term, either party must give notice at least as long as the rental period itself, but not more than one month, or the hiring is presumed to renew (§43-32-15).
| Week-to-week | One week |
|---|---|
| Month-to-month | One month |
| Tenancy at will (landlord) | At least 15 days (§43-8-8) |
| Tenancy at will — active-duty military household | Two months, with limited exceptions (§43-8-8) |
- Nonpayment of rent — A forcible entry and detainer action is available once rent is unpaid three days after it’s due (§21-16-1(4)). The former three-day notice to quit (§21-16-2) was repealed in 2024, so no pre-suit notice is required by statute — but if your lease promises one, you must give it.
- Lease violations — A landlord may terminate before the end of the term if the tenant uses the premises contrary to the lease, or fails to make repairs they’re responsible for within a reasonable time after request (§43-32-18).
- Domestic abuse, sexual offenses & stalking — A tenant may terminate without an early-termination penalty by written notice citing fear of imminent danger, with a police report, protection order or health-care provider documentation from the past 30 days; the tenant owes no rent for the month after they vacate (§43-32-19.1).
- Landlord default — A tenant may terminate early if the landlord fails, within a reasonable time after written request, to put the tenant in quiet possession or make required repairs, or if most of the premises is destroyed (§43-32-19).
More South Dakota landlord documents
- South Dakota Residential Lease Agreement
- South Dakota Eviction Notice
- South Dakota Security Deposit Return Letter
- South Dakota Rent Increase Notice
- South Dakota Notice to Vacate
- South Dakota Application Approval Letter
- South Dakota Application Denial Letter
- South Dakota Background & Credit Check Authorization
- South Dakota Rental Application
- South Dakota Co-Signer Guarantor Agreement
- South Dakota Bed Bug Addendum
- South Dakota Mold & Mildew Addendum
- South Dakota No-Smoking Addendum
- South Dakota Parking & Storage Addendum
- South Dakota HOA & Community Rules Addendum
- South Dakota Crime-Free Housing Addendum
- South Dakota Utilities & Services Addendum
- South Dakota Early Termination Addendum
- South Dakota Lease Extension Addendum
- South Dakota Lead-Based Paint Disclosure
- South Dakota Military Clause (SCRA)
- South Dakota Pet Addendum
- South Dakota Cash for Keys Agreement
- South Dakota Mutual Lease Termination Agreement
- South Dakota Lease Renewal Agreement
- South Dakota Notice of Non-Renewal
- South Dakota Lease Violation Notice
- South Dakota Notice of Entry
- South Dakota Move-In / Move-Out Inspection Checklist
- South Dakota Rent Receipt
- South Dakota Rent Verification Letter
- South Dakota Tenant Welcome Letter
- South Dakota Property Management Agreement
- South Dakota Commercial Lease
- South Dakota Rent-to-Own Agreement
- South Dakota Short-Term Rental Agreement
- South Dakota Room Rental Agreement
- South Dakota Roommate Agreement
- South Dakota Spanish Lease Agreement
- South Dakota Sublease Agreement
- South Dakota Lease Amendment
Late Rent Notice in other states
- Alabama Late Rent Notice
- Alaska Late Rent Notice
- Arizona Late Rent Notice
- Arkansas Late Rent Notice
- California Late Rent Notice
- Colorado Late Rent Notice
- Connecticut Late Rent Notice
- Delaware Late Rent Notice
- Florida Late Rent Notice
- Georgia Late Rent Notice
- Hawaii Late Rent Notice
- Idaho Late Rent Notice
- Illinois Late Rent Notice
- Indiana Late Rent Notice
- Iowa Late Rent Notice
- Kansas Late Rent Notice
- Kentucky Late Rent Notice
- Louisiana Late Rent Notice
- Maine Late Rent Notice
- Maryland Late Rent Notice
- Massachusetts Late Rent Notice
- Michigan Late Rent Notice
- Minnesota Late Rent Notice
- Mississippi Late Rent Notice
- Missouri Late Rent Notice
- Montana Late Rent Notice
- Nebraska Late Rent Notice
- Nevada Late Rent Notice
- New Hampshire Late Rent Notice
- New Jersey Late Rent Notice
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- New York Late Rent Notice
- North Carolina Late Rent Notice
- North Dakota Late Rent Notice
- Ohio Late Rent Notice
- Oklahoma Late Rent Notice
- Oregon Late Rent Notice
- Pennsylvania Late Rent Notice
- Rhode Island Late Rent Notice
- South Carolina Late Rent Notice
- Tennessee Late Rent Notice
- Texas Late Rent Notice
- Utah Late Rent Notice
- Vermont Late Rent Notice
- Virginia Late Rent Notice
- Washington Late Rent Notice
- West Virginia Late Rent Notice
- Wisconsin Late Rent Notice
- Wyoming Late Rent Notice
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