2023 South Dakota Codified Laws
Title 43 - Property
Chapter 08 - Present Estates In Real Property
Section 43-8-8 - Estate at will--Termination by notice of not less than one month--Extended notice for active military service.
43-8-8. Estate at will--Termination by notice of not less than one month--Extended notice for active military service.
A tenancy or other estate at will, however created, may be terminated by the landlord's giving notice to the tenant in the manner prescribed by §43-8-9 to remove from the premises within a period, specified in the notice, of not less than one month. However, if the tenancy at will is the residence of a tenant who is on active military service or if a person on active military service is an immediate family member of the tenant, the tenant is entitled to two months' notice in the manner prescribed by §43-8-9 unless:
(1)The tenant has engaged in sustained conduct that is either disruptive to other residents or neighbors, illegal, destructive, or negligent toward the maintenance of the property, or constitutes a material breach in the implied lease conditions; or
(2)The landlord has sold the property or the property has passed to the landlord's estate.
For the purposes of this section, an immediate family member is a spouse or minor child.
Source: CivC 1877, §239; CL 1887, §2755; RCivC 1903, §262; RC 1919, §332; SDC 1939, §51.0501; SL 2011, ch 197, §1.
