43-32-1. Leasing of real property defined. Leasing is a contract by which one (the lessor or landlord) gives to another (the lessee or tenant) temporary possession and use of real property for reward and the lessee agrees to return such property to the lessor at a future time. Source: SDC 1939, §38.0401.
43-32-10. Preservation of premises by lessee. In every hiring of residential premises, whether in writing or parol, the lessee shall preserve the premises, appliances, appurtenances, and other leased personality in good condition, and repair all deteriorations or damage thereto occasioned by his negligent, willful or malicious conduct or such conduct of persons acting under his […]
43-32-11. Use of premises when leased for particular or specified purpose–Responsibility of lessee–Rescission of contract. If premises are leased for a particular and specified purpose the tenant must not use the premises for other purposes; and if he does, the landlord may hold him responsible for the safety of the premises during such use, at […]
43-32-12. Time for payment of rent–Agricultural and wildland–Lodging–Termination of hiring. When there is no contract or usage to the contrary, the rent of agricultural and wildland is payable yearly at the end of each year. Rents of lodgings are payable monthly at the end of each month. Other rents are payable quarterly at the end […]
43-32-13. Modification of lease–Written notice by landlord, effect–Termination by tenant. In all leases of lands or tenements or of any interest therein from month to month the landlord may, upon giving notice in writing at least thirty days before the expiration of the month, modify the terms of the lease to take effect at the […]
43-32-14. Retention of possession by lessee after expiration of hiring–Acceptance of rent by lessor–Renewal of hiring–Terms. If a lessee of real property remains in possession thereof after the expiration of the hiring and the lessor accepts rent from him, the parties are presumed to have renewed the hiring on the same terms and for the […]
43-32-15. Renewal of hiring of real property presumed unless notice given of termination. A hiring of real property for a term not specified by the parties is deemed to be renewed as stated in §43-32-14 at the end of the term implied by law unless one of the parties gives notice to the other of […]
43-32-16. Tenant receiving notice of adverse proceedings–Duty to inform landlord. Every tenant who receives notice of any proceeding to recover the real property occupied by him or the possession thereof must immediately inform his landlord of the same and also deliver to the landlord the notice, if in writing, and is responsible to the landlord […]
43-32-17. Attornment of tenant to stranger, validity–Consent of landlord–Judgment. The attornment of a tenant to a stranger is void unless it is made with the consent of the landlord or in consequence of a judgment of a court of competent jurisdiction. Source: CivC 1877, §1121; CL 1887, §3744; RCivC 1903, §1440; RC 1919, §1064; SDC […]
43-32-18. Termination of lease by landlord before end of agreed term–Use of premises by tenant contrary to agreement–Neglect of tenant to make repairs. A landlord may terminate a lease and reclaim the premises before the end of the agreed term: (1)When the tenant uses or permits a use of the premises in a manner contrary […]
43-32-18.1 . Eviction of tenant–Limitations. A lease governing residential property may not include any term that authorizes the eviction of a tenant who calls or otherwise seeks assistance from law enforcement or other emergency responders because of an alleged incident of domestic abuse, unlawful sexual behavior, or stalking. Nothing in this chapter authorizes the eviction […]
43-32-19. Termination of lease by tenant–Causes. A tenant may terminate a lease before the end of the term if: (1)The landlord does not, within a reasonable time after written request, fulfill obligations, if any, as to placing and securing the tenant in quiet possession of the premises or putting the premises into good condition or […]
43-32-19.1 . Domestic abuse–Unlawful sexual behavior–Stalking–Termination of lease–Notice requirements. If a tenant or a member of the tenant’s household is the victim of alleged domestic abuse, unlawful sexual behavior, or stalking, the tenant may terminate the lease and vacate the rental unit without penalty for early termination on or before a specified date, provided: (1) […]
43-32-19.2 . Contact information–Disclosure–Limitation. If in accordance with a termination authorized by § 43-32-19.1 a tenant provides to the landlord a forwarding address or other contact information, the landlord may not disclose that information to any person except with the consent of the tenant or as required by law. Source: SL 2020, ch 190, § […]
43-32-2. Limited term of lease–Agricultural land–Municipal lots. No lease or grant of agricultural land for a longer period than twenty years, in which shall be reserved any rent or service of any kind, shall be valid. No lease or grant of any municipal lot for a longer period than ninety-nine years, in which shall be […]
43-32-20. Assignment of lease by lessee–Breach of agreement–Recovery of possession–Remedies of lessor–Exception–Security for loan. Whatever remedies the lessor of any real property has against his immediate lessee for the breach of any agreement in the lease or for recovery of the possession, he has against the assignees of the lessee for any cause of action […]
43-32-21. Assignment of lease by lessor–Breach of agreement–Remedies of lessee–Covenants excepted. Whatever remedies the lessee of any real property may have against his immediate lessor, for the breach of any agreement in the lease, he may have against the assigns of the lessor, and the assigns of the lessee may have against the lessor and […]
43-32-22. Termination of lease–Agreed term–Mutual consent–Acquisition of superior title by tenant. A lease is terminated: (1)By the expiration of the agreed term; (2)By the mutual consent of the parties; (3)By the tenant acquiring a title to the leased premises superior to that of the landlord. Source: SDC 1939, §38.0423.
43-32-22.1. Continuation of farm lease absent notice–Time for notice–Termination without notice in case of default–Grassland included. In the case of farm tenants, occupying and cultivating agricultural land of forty acres or more, under an oral lease, the tenancy shall continue for the following crop year upon the same terms and conditions as the original lease […]
43-32-23. Termination of lease at pleasure of either party–Death or incapacity to contract–Exception. If a lease is terminable at the pleasure of one of the parties, it is terminated by notice to the other of such party’s death or incapacity to contract. In other cases it is not terminated by such death or incapacity. Source: […]
