How many days does a tenant get to pay late rent in South Dakota?
In South Dakota no statute sets a general period a tenant must be given before a landlord can begin a nonpayment case, so any notice or grace period written into the lease governs. This is SDCL §§ 43-32-13, 21-16-1(4); SDCL 21-16-2 (repealed by SB 90, 2024).
| What | South Dakota |
|---|---|
| Notice before a nonpayment case | No general statutory period |
Notes
On a month-to-month lease the landlord may change the terms, the rent included, with written notice at least 30 days before the end of the month, and the tenant may then end the lease from the first of the next month by giving notice within 15 days. SB 90 (2024) removed the three-day notice to quit, so no statutory notice now has to precede an eviction for nonpayment; any notice the lease requires still binds the landlord. No entry-notice period is published here.
Source
SDCL §§ 43-32-13, 21-16-1(4); SDCL 21-16-2 (repealed by SB 90, 2024)
Read the statute in the South Dakota Codified Laws (South Dakota Legislature): sdlegislature.gov.
Checked against the statute on September 11, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
Seayora computes the notice this rule requires from the tenancy’s own dates — for a renewal offer, a rent increase or a served notice — and will not serve one that is short unless the owner records a reason. The answer above is the rule the product enforces.
Guides on this rule
- Can a Landlord Send an Eviction Notice by Email or Text? — The federal E-SIGN Act excludes eviction notices, so state law decides how a notice to pay or quit must be served. California, New York and Florida rules.
- Rent Receipt Laws: When a Landlord Must Give a Receipt — When a landlord must give a rent receipt in New York, Maryland, Texas and California, what it must say, cash payment rules, and New York’s late-rent notice.
Compare this rule in every state
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- Every South Dakota rule on one page
The same question in other states
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
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- Hawaii