Can my landlord refuse to renew my lease without giving me a reason?

Yes, unless the refusal is based on illegal discrimination or retaliation. South Dakota law allows landlords to refuse renewal at the end of a fixed-term lease without providing a reason.

How much notice does my landlord have to give if they don’t want to renew?

If you’re on a month-to-month lease, your landlord must give you at least 30 days’ written notice before your rent is due. For fixed-term leases, the lease ends automatically unless otherwise stated.

What should I do if I think my lease non-renewal is discriminatory?

Contact the South Dakota Department of Labor and Regulation’s Division of Human Rights or consult a local legal aid office immediately to discuss your options and file a complaint if necessary.

If my lease isn’t renewed, how long do I have to move out?

You must move by the date specified in your notice or lease. Ensure you have your move-out in writing to protect yourself from potential future disputes.

Where can I get free legal help if I have a rental dispute?

Resources like East River Legal Services or your local county court can offer information or low-cost legal assistance for tenants.

South Dakota Lease Renewal Rights for Renters

Lease Agreements & Renewals South Dakota published: June 21, 2025

If you’re currently renting in South Dakota and your lease is about to expire, you may wonder whether your landlord can refuse to renew your lease. Understanding your rights and your landlord’s obligations under South Dakota law can help you plan your next steps and avoid surprises.

Lease Renewal Laws in South Dakota: What Renters Should Know

South Dakota’s rental laws allow landlords significant discretion regarding lease renewals. Unlike some states, South Dakota does not require landlords to provide a reason for declining to renew a lease once the original lease term has expired. However, there are important notice requirements and specific protections for renters in certain situations.

When Can a Landlord Refuse to Renew?

Expiration of Lease: If you have a fixed-term lease, such as a one-year contract, your landlord can usually choose not to renew at the end of the term for almost any reason, except for illegal discrimination or retaliation.
Month-to-Month Leases: For month-to-month rentals, either party can end the tenancy with proper written notice.

South Dakota law does not require landlords to offer a renewal or extension unless your lease specifically states that it will be renewed automatically.

Required Notice for Non-Renewal

Fixed-Term Lease: No advance notice is required if the lease naturally expires without an automatic renewal clause. However, it is considered best practice to provide written notice to avoid confusion.
Month-to-Month Lease: Landlords or tenants must give at least 30 days’ written notice before the date the rent is due (South Dakota Codified Laws § 43-8-8).

Exceptions: Protections Against Discrimination and Retaliation

Landlords cannot refuse to renew a lease because of a renter’s race, color, religion, sex, national origin, disability, or familial status, as protected by the federal Fair Housing Act and state law. More on these protections is available from the South Dakota Department of Labor and Regulation – Housing.
Retaliation for exercising your legal rights (such as filing a complaint about housing conditions) is also prohibited.

Official Forms You Might Use

30-Day Notice to Vacate – No official South Dakota form number, but landlords or tenants must send written notice for ending a month-to-month tenancy. You can find sample wording and the relevant law at the South Dakota Codified Laws § 43-8-8.
If you receive a 30-day notice from your landlord, you should begin planning your move or seek legal help if you believe the notice is discriminatory or retaliatory.

Which Tribunal Handles Rental Disputes?

South Dakota does not have a specialized landlord-tenant tribunal. Rental disputes, including those about lease non-renewals, are typically handled in South Dakota Small Claims Court or the local County Circuit Court. You can find court contact information at the South Dakota Unified Judicial System.

What Should You Do If Your Lease Isn’t Renewed?

If your lease isn’t being renewed, take the following steps:

Request the reason for non-renewal in writing (although the landlord is not required to provide one, except in certain situations).
Check your lease agreement for any renewal clauses or automatic renewal terms.
Review your notice to ensure it follows the law regarding timing and delivery.
Contact free legal resources or tenants' rights organizations if you suspect discrimination or retaliatory action.

Key advice: Don’t ignore a notice of non-renewal; start planning early and seek support if you have questions about your rights.

FAQ for Renters in South Dakota

Can my landlord refuse to renew my lease without giving me a reason?
Yes, unless the refusal is based on illegal discrimination or retaliation. South Dakota law allows landlords to refuse renewal at the end of a fixed-term lease without providing a reason.
How much notice does my landlord have to give if they don’t want to renew?
If you’re on a month-to-month lease, your landlord must give you at least 30 days’ written notice before your rent is due. For fixed-term leases, the lease ends automatically unless otherwise stated.
What should I do if I think my lease non-renewal is discriminatory?
Contact the South Dakota Department of Labor and Regulation’s Division of Human Rights or consult a local legal aid office immediately to discuss your options and file a complaint if necessary.
If my lease isn’t renewed, how long do I have to move out?
You must move by the date specified in your notice or lease. Ensure you have your move-out in writing to protect yourself from potential future disputes.
Where can I get free legal help if I have a rental dispute?
Resources like East River Legal Services or your local county court can offer information or low-cost legal assistance for tenants.

Summary: What South Dakota Renters Should Remember

Landlords can generally refuse to renew a lease in South Dakota without giving a reason, but they must follow notice rules.
Illegal discrimination and retaliation are not permitted as reasons for non-renewal.
Know your notice requirements and where to get help if your rights are violated.

Renting in South Dakota means staying informed about lease terms and acting quickly if your landlord declines to renew. Document all communications and don’t hesitate to seek support.

Need Help? Resources for Renters

South Dakota Department of Labor and Regulation – Housing and Human Rights: Learn about discrimination protections and how to file a complaint.
South Dakota Unified Judicial System – Find Your Local Court: For small claims or landlord-tenant disputes.
East River Legal Services: Free legal help for qualifying renters in eastern South Dakota.
South Dakota Codified Laws Title 43 – Landlord and Tenant: Full landlord-tenant statute, including lease and notice requirements.