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South Dakota Notice of Intent Not to Renew at End of Specified Term from Landlord to Tenant for Residential Property

State:
South Dakota
Control #:
SD-1304LT
Format:
Word; 
Rich Text
Instant download

Description

This Notice of Intent Not to Renew at End of Specified Term from Landlord to Tenant for Residential Property means that no notice is required to terminate a lease which ends at a specific date. Example: "This lease begins on January 1, 2005 and ends on January 1, 2006". However, Landlords and Tenants routinely renew such leases. This form is for use by a Landlord to inform the Tenant that the lease will not be renewed at the end of the specific term and to be prepared to vacate at the end of the lease term.

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FAQ

Can An Apartment Refuse To Renew A Lease? In most states, it is up to the property owner and manager to determine whether or not they want to extend their lease agreement with a tenant. If they do not want to continue to rent to that tenant for some reason, it is within their rights to do so.

At-will tenancy is subject to the will of both the tenant and the landlord (hence the name). In other words, the tenant can choose to leave and stop paying rent at any time, and the landlord can choose to stop accepting rent and ask the tenant to leave at any time.

A termination notice has to give the tenant 14 clear days before the tenant has to leave the residential premises. The day the notice is served on the tenant and the day the tenant moves out do not count as part of the 14 days.

The Tenant Consistently Fails To Pay Rent or Pays Late. A tenant that cannot fulfill their obligation to pay rent on time may face non-renewal. Property Damage or Violations of Policy. Selling or Renovating the Property. Discrimination or Retaliation Are Unlawful.

While some jurisdictions may have provisions that allow consumers to change their minds with no consequences, generally there is no cooling-off period for leasing real property. Once the landlord and tenant sign a lease and a copy is delivered to the both parties, it becomes a valid contract.

Depending on your state's laws, you may be entitled to remain in your apartment or rental home on a month-to-month basis after your lease expires, even if your landlord wants you out. If the landlord doesn't accept your decision, he'll have to go to court to evict you.

Explain the Situation Tell your tenant in straightforward terms what the problem is, and explain that they cannot stay on the property any longer. Describe the Consequences Calmly explain that they will be evicted with necessary court orders if they remain on the property.

A holdover tenant is a tenant who stays in the rental unit after the lease expires. If the tenant continues to pay rent, the tenancy essentially becomes a month-to-month tenancy. A holdover tenant is legally allowed to stay in the rental unit as long as the landlord takes no action to remove them.

A landlord can simply give you a written notice to move, allowing you 30 days (60 days if you've lived in the rental a year or more) as required by California law and specifying the date on which your tenancy will end.

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South Dakota Notice of Intent Not to Renew at End of Specified Term from Landlord to Tenant for Residential Property