South Dakota § 43-8-8 Estate at will--Residential property--Termination by notice--Extended notice for active military service.

South Dakota Statutes

§ 43-8-8 — Estate at will--Residential property--Termination by notice--Extended notice for active military service.

South Dakota § 43-8-8

Title 43PROPERTY

Ch. 43-7PRESENT ESTATES IN REAL PROPERTY

This text of South Dakota § 43-8-8 (Estate at will--Residential property--Termination by notice--Extended notice for active military service.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 43-8-8 (2026).

Text

A tenancy or other estate at will for a residential property, however created, may be terminated by the landlord 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 fifteen days. 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, negligent toward the maintenance of the property, or constitutes a material breach in the implied lease conditions; o

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A tenancy or other estate at will for a residential property, however created, may be terminated by the landlord 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 fifteen days. 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, 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.