Erase In Legal South Dakota Commercial Leases Forms For Free

Typically, the landlord or property manager allows their tenant to break the lease early as long as they pay for a penalty fee. The fee is usually equal to two months of rent, and the tenant should give their landlord at least 30 days of notice.

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 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 tenant has the right to possession and "quiet enjoyment" of the property he or she is renting - that is, to be free from unreasonable interference by the landlord or other persons. The landlord has the right to make a reasonable inspection, but only with a prior 24-hour notice to the tenant and at a reasonable time.

Often the provision reads that an amount equalling two or more months' rent will be payable as a penalty, usually because it is considered that two months is the time it will take the landlord to find a replacement tenant.