South Dakota: Rent Increase Notice Requirements

Requirements one by one

Notice period and effective date

Under SDCL § 43-32-13, a landlord changing a month-to-month lease must give
written notice at least 30 days before the month expires. The modification takes
effect at expiration of that month. If the tenant remains afterward, the terms,
rent, and conditions stated in the notice become part of the lease.

Written terms and tenant response

The notice itself establishes the specified terms, rent, and conditions if the
tenant holds over. The tenant does not have to accept the change: by notifying
the landlord within 15 days after receiving the modification notice, the tenant
may terminate the lease effective the first day of the next month.

What trips people up

This is a month-to-month rule. Section 43-32-13 does not provide a procedure
for changing rent before an agreed fixed term ends. It also does not state a
percentage cap or limit the number of month-end modifications in a year; each
change still must satisfy the notice rule.

The tenant's 15-day choice runs from receipt of the landlord's notice, not from
the notice date or the proposed effective date. The statute requires the
modification notice to be written but does not prescribe a form or service method.

Retaliation is distinct from an ordinary increase. Under § 43-32-27, an
above-fair-market increase after one of the listed protected events may support a
cause of action. Section 43-32-28 (§ 43-32-28) incorporates the remedies in
§ 43-32-6
and permits reasonable and customary attorney's fees.

Common questions

Is 30 days measured from the day I receive the notice?

The statute phrases the landlord's deadline as at least 30 days before expiration
of the month. Separately, the tenant's 15-day termination window begins upon
receipt of the modification notice.

Does South Dakota cap the amount of the increase?

No percentage or CPI formula appears in § 43-32-13. An increase may still be
restricted by the lease, an applicable housing program, local law, or the
retaliation statute.

What if I stay after the month ends?

Section 43-32-13 says the terms, rent, and conditions in the notice become
part of the lease if the tenant continues to hold the premises after month-end.

Statutes and sources

• SDCL § 43-32-13. Month-to-month modification notice, effective date, and
  tenant termination choice.
  Official statute
  (accessed July 12, 2026).
• SDCL §§ 43-32-27 and 43-32-28. Retaliatory increases, cause of action,
  incorporated remedies, and possible attorney's fees.
  Official retaliation statute
  and official remedies statute
  (accessed July 12, 2026).
• SDCL § 43-32-6. Remedies incorporated by the retaliation statute.
  Official statute
  (accessed July 12, 2026).