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In South Dakota, a tenant can break a lease early, without penalty, due to an early termination clause. However, a tenant can only break the lease if an early termination clause exists in the lease. A landlord is not required to include an early termination clause in a lease under South Dakota law.

If you end your lease early under South Dakota's housing law you cannot be charged early termination fees or rent for the months after you move out. However, if you damaged the property or if you owe any back rent prior to leaving the property, you would still owe the landlord money to pay for the damage or back rent.

The only lawful way to evict a tenant is for the landlord to obtain a court order signed by the circuit court or magistrate judge. This is obtained in a lawsuit called a "Forcible Entry and Detainer" action.

IMPORTANT NOTICE: The Notice to Quit and Vacate is the informal process for evicting a current tenant. The landlord must notify all parties who signed the lease, in writing, that they have three (3) days to vacate the premises. This step must be completed before a formal court action may be initiated.

The tenant may refuse to agree with the change and move from the premises. To do so, the tenant may terminate the lease effective the first day of the next month by providing notice of termination to the landlord within fifteen (15) days of receipt by the tenant of the notice of modification.

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.