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South Dakota Notice to Vacate Letter

Fill in your details, review the south dakota notice to vacate letter, and edit the wording before you send. Copy the finished text or download a Word file for free.

[Your full name]

[Date]

[Your landlord's name]

Re: Notice to vacate — [Rental property address]

Dear [Your landlord's name],

Please accept this letter as my formal written notice that I will terminate my tenancy at [Rental property address] and vacate the premises on [Move-out date].

Under Renewal of Hiring of Real Property Presumed Unless Notice Given of Termination (SDCL § 43-32-15), a month-to-month tenancy may be terminated by the tenant on one month written notice. This notice is given in accordance with that requirement and with any additional notice period my lease provides.

I will leave the unit clean and in good condition, ordinary wear and tear excepted, and will return all keys and access devices on or before my move-out date. I would like a move-out inspection during my final week; please propose a date and time.

Please send my security deposit, with any itemized statement required by law, to my forwarding address: [Your forwarding address]. Kindly confirm receipt of this notice in writing.

Sincerely,

[Your full name]

Know your rights

Notice to vacate law in South Dakota

Tenant notice required: One month
Governing statute: SDCL § 43-32-15
How the clock runs: For a tenancy with no specified term, either party must give notice at least as long before the end of a rental period as the period itself, capped at one month — otherwise the hiring is deemed renewed. A month-to-month tenant should therefore deliver notice a full month ahead, timed so the tenancy ends on a rental-period boundary.
Delivering the notice: Section 43-32-15 does not prescribe a form, but related notices under the chapter must be written, so put the termination in a dated written letter and hand-deliver it or send it by certified mail.
Fixed-term leases: South Dakota's holdover rule is stronger than most: under SDCL 43-32-14, staying past the lease end while the landlord accepts rent presumes renewal on the same terms and for the same length of term, up to one year — not merely month-to-month. Move out by the end date or confirm new terms in writing to avoid re-upping.

Worth knowing: If a landlord serves a 30-day written notice changing rent or other terms of a month-to-month lease under SDCL 43-32-13, the tenant gets a 15-day escape hatch to reject the change by terminating effective the first day of the next month. Tenants at will on active military duty (or whose spouse or minor child serves) are entitled to two months' landlord notice under SDCL 43-8-8, versus the usual one month. The one-month rule scales down for shorter periods — a week-to-week tenancy needs only a week's notice.

Last reviewed August 2026 · General information, not legal advice · Read the statute · Also for South Dakota: security deposit demand letter

Field notes

Three tips before you send

Section 43-32-15 does not prescribe a form, but related notices under the chapter must be written, so put the termination in a dated written letter and hand-deliver it or send it by certified mail.
For a tenancy with no specified term, either party must give notice at least as long before the end of a rental period as the period itself, capped at one month — otherwise the hiring is deemed renewed. A month-to-month tenant should therefore deliver notice a full month ahead, timed so the tenancy ends on a rental-period boundary.
Date math is unforgiving — the clock usually runs from the day your landlord receives the notice, not the day you write it. Build in a few days of cushion, and photograph the empty unit when you hand back the keys.

Straight answers

Questions people ask

How much notice does a tenant have to give in South Dakota?

For a tenancy with no specified term, either party must give notice at least as long before the end of a rental period as the period itself, capped at one month — otherwise the hiring is deemed renewed. A month-to-month tenant should therefore deliver notice a full month ahead, timed so the tenancy ends on a rental-period boundary. The governing statute is Renewal of Hiring of Real Property Presumed Unless Notice Given of Termination.

What happens when a fixed-term lease ends in South Dakota?

South Dakota's holdover rule is stronger than most: under SDCL 43-32-14, staying past the lease end while the landlord accepts rent presumes renewal on the same terms and for the same length of term, up to one year — not merely month-to-month. Move out by the end date or confirm new terms in writing to avoid re-upping. Check your lease for a renewal or notice clause — where the statute allows it, the lease controls.

Anything else South Dakota renters should know before moving out?

If a landlord serves a 30-day written notice changing rent or other terms of a month-to-month lease under SDCL 43-32-13, the tenant gets a 15-day escape hatch to reject the change by terminating effective the first day of the next month. Tenants at will on active military duty (or whose spouse or minor child serves) are entitled to two months' landlord notice under SDCL 43-8-8, versus the usual one month. The one-month rule scales down for shorter periods — a week-to-week tenancy needs only a week's notice.

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When to use this letter

Moving out should be the easy part — but in South Dakota, when you give notice and how you deliver it decide whether you owe another month of rent. The rule that matters: for a month-to-month tenancy, South Dakota law generally requires one month written notice from the tenant, under Renewal of Hiring of Real Property Presumed Unless Notice Given of Termination. This generator writes a tenant's notice to vacate that cites SDCL § 43-32-15 by name, states your move-out date, and asks for the move-out inspection and your deposit instructions in the same letter — so nothing gets renegotiated later. No blank template to fight with: fill in your landlord, the address, and the date, then send it in a way you can prove, because notice clocks here run from delivery, not from the day you write it.