LANDLORD GUIDE ยท SOUTH DAKOTA
Reviewed November 13, 2026
For an existing private residential tenancy. Fixed-term changes, assisted housing, mobile-home spaces and required local forms need a separate review. This guide explains selected rules; it is not a coverage determination or legal advice for a particular property.
A 30-day modification notice has a response consequence
South Dakota's Attorney General explains that a landlord can change a month-to-month agreement with 30 days' notice. A tenant receiving the changed terms may terminate on the first day of the next month by notifying the landlord within 15 days after receiving the modification.
Do not overlook that tenant option when planning collections or occupancy. Record the delivery date and watch for the response, rather than assuming a timely rent proposal ensures the tenant will remain. Read the agreement for any longer notice promise and verify that the arrangement is truly monthly.
[1] South Dakota Attorney General - notice of modified terms
Fixed terms and other changes need separate attention
For a fixed lease, identify any lawful adjustment clause or address the next renewal; a monthly installment is not a monthly term. Explain changes to utilities, parking or other charges distinctly and document the full proposal. If the form says other terms remain unchanged, that should be correct.
Program housing and mobile-home spaces may follow different requirements. This packet is designed for an ordinary private monthly rental, not for calculating an approved assisted-housing rent.
[1] South Dakota Attorney General - notice of modified terms
Example: keep the tenant's choice on the calendar
Rent is $1,000 and the proposal is $1,060. The $60 change is 6%. Along with the intended effective date, record when the tenant received the notice and the 15-day response window described in the Attorney General's guidance. If the tenant uses the specified termination option, review the final occupancy and rent obligations before posting continuing charges.
[1] South Dakota Attorney General - notice of modified terms
Prepare a complete file
Retain the lease, old and new terms, signed notice, delivery evidence and the tenant's response. Give a clear contact for questions about the arithmetic or date. A later delivery may change the available timeline, so correct the proposal before implementation. If a disagreement becomes a possession issue, use the proper separate process rather than inserting a lockout or immediate move-out demand into the rent letter.
[1] South Dakota Attorney General - notice of modified terms
Official sources and updates
Dated caps apply only to the periods stated. Check the official sources before preparing a later increase.