Breaking a Lease Early in South Dakota: What Are My Options?

If you leave without a legal reason

1. 1

   A lease you signed is a binding legal contract. If you do not follow its terms, you can be sued.

   Source:

   1. Landlord and Tenant fast facts, South Dakota Consumer Protection (Attorney General). A government guide.

When you can leave early

2. 2

   Send your landlord a written request to make repairs that keep your home fit to live in and in good and safe working order. The law gives your landlord a reasonable time after they get it to make the repairs. If they do not, you may move out and owe no more rent or other lease duties. If a court later disagrees, you can still owe the rent. Get legal help first.

   Sources:

   1. Our editorial rules.
   2. SDCL 43-32-19(1), South Dakota Legislature. Law.
   Think before you call an inspector.

   You or a neighbor can ask the city to send a code inspector. Be careful: if the home is in very bad shape, the inspector can condemn it (say no one may live there). Then everyone must move out, you too, sometimes on short notice. Think about where you would go before you call.

   Tip.

   Read your lease before you decide. Check whether it lets you end it early and what penalty you must pay.

   Tip.

   Write down each problem, every time you contacted your landlord, and the day you moved out.

   Tip.

   Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.

3. 3

   You can end your lease early if the greater part of the home is destroyed. That includes the part that was the main reason you rented. It does not apply if your ordinary negligence caused it. If a court later disagrees, you can still owe the rent. Get legal help first.

   Sources:

   1. Our editorial rules.
   2. SDCL 43-32-19(2), South Dakota Legislature. Law.

How to leave

4. 4

   If you and your landlord did not set how long the rental lasts, it renews at the end of the term the law implies. It ends only if one of you gives notice. Send your notice at least as long before the end as the rental term itself, but no more than 1 month before. Example: for a week-to-week rental, send it at least 1 week before.

   Sources:

   1. Our editorial rules.
   2. SDCL 43-32-15, South Dakota Legislature. Law.
5. 5

   If your landlord changes the terms of a month-to-month lease (a lease that renews each month) by written notice, you can end your lease. The law gives you 15 days after you get that notice to give your landlord notice that you are ending it. Your lease then ends on the first day of the next month. If a court later disagrees, you can still owe the rent. Get legal help first.

   Sources:

   1. Our editorial rules.
   2. SDCL 43-32-13, South Dakota Legislature. Law.

After you move out

6. 6

   The law gives your landlord 21 days to return your deposit or send a written statement of the specific reason for keeping any part. The 21 days start after your rental ends and your landlord has your mailing address or delivery instructions.

   Source:

   1. SDCL 43-32-24, South Dakota Legislature. Law.
   Tip.

   Before you leave, clean the home and take photos of how you left it.

7. 7

   Your landlord can use your deposit only for unpaid rent and other money you owe under an agreement. It may also pay for restoring the home to how it was when your lease began. Your landlord can keep only amounts reasonably necessary for these costs. Normal wear and tear (normal use over time) is not included.

   Source:

   1. SDCL 43-32-24, South Dakota Legislature. Law.
8. 8

   You may leave belongings worth $500 or less in your home for 10 days after you move out. Then the law presumes (assumes) you gave them up, and your landlord can dispose of them.

   Source:

   1. SDCL 43-32-25, South Dakota Legislature. Law.
9. 9

   If your landlord says you owe more, a debt collector may call or write to you. The collector must tell you how much, who it is for and how to say it is wrong. You have 30 days after you get that notice to write back and say so. Then the collector must stop trying to get that money until it answers you.

   Sources:

   1. Our editorial rules.
   2. What information does a debt collector have to give me, Consumer Financial Protection Bureau. A government guide.
   3. What should I do when a debt collector contacts me, Consumer Financial Protection Bureau. A government guide.
10. 10

    Your landlord can take money from your pay or benefits only after winning in court. The court must issue a judgment (the court's final decision) that you owe the debt. If you are sued, do not ignore it. You can lose the case if you do not go to court.

    Sources:

    1. Our editorial rules.
    2. Can a debt collector take or garnish my wages, Consumer Financial Protection Bureau. A government guide.
    Tip.

    If you get court papers, do not ignore them. Go to court, or you can lose the case.

    From Consumer Financial Protection Bureau.

Special protections

11. 11

    You may be able to end your lease early. It must be for alleged domestic abuse, unlawful sexual behavior or stalking. It can be against you or someone in your household. You owe no penalty for ending early. You pick the day to move out on or before. Tell your landlord in writing you fear danger or injury now. If a court later disagrees, you can still owe the rent. Get legal help first.

    Sources:

    1. Our editorial rules.
    2. SDCL 43-32-19.1, South Dakota Legislature. Law.
12. 12

    To end your lease early for abuse, attach proof to your written notice. You can choose a protection order or a police report. Or you can choose a note from a licensed health care provider who saw you or someone in your home. The provider must have good reason to believe you were a victim. Each must be from the 30 days before your notice. You can also write down what happened.

    Sources:

    1. Our editorial rules.
    2. SDCL 43-32-19.1, South Dakota Legislature. Law.
13. 13

    If you end your lease early for abuse and follow the notice rules, you owe no early end fee. You also owe no rent for the month after the month you move out. If your landlord sues and wins, you can still owe the money. Get legal help first. Your landlord may not share your new address or contact information unless you agree or the law requires it.

    Sources:

    1. Our editorial rules.
    2. SDCL 43-32-19.1, South Dakota Legislature. Law.