Rental Agreements

There are two kinds of rental agreements: Written leases and oral rental agreements. A written lease will normally include the rental period, the amount of the rent, duties to repair, responsibility for damage, whether a security deposit is required, and other conditions the landlord or tenant may wish to include.

An oral (unwritten) rental agreement is the relationship between a landlord and tenant(s) who do not have a written lease. Just because the agreement is not down on the paper, doesn't make the lease any less binding.

If there is no lease, the rental period is determined by the time period for which the rent is paid. If rent is paid every month, the tenancy is on a month-to-month basis. This means the tenant or the landlord must give the other one month's notice before leaving or ending a rental agreement. While the landlord is allowed to raise the rent or change other conditions of the agreement upon thirty (30) days notice, the tenant may terminate the lease on the first day of the next month by giving notice to the landlord within fifteen (15) days of receipt of the landlord's notice of modification.

South Dakota Office of Attorney General, 500 East Capitol Pierre, SD 57501-5070
Phone: (605) 773-3215, Fax: (605) 773-4106