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Early Lease Termination Laws in South Dakota

In South Dakota, a tenant whose household includes a victim of domestic abuse, unlawful sexual behavior or stalking can end a lease without an early termination penalty by giving written notice with a police report, protection order or health care provider statement from the prior 30 days.

Last checked . General information, not legal advice.

South Dakota at a glance

Domestic violence victims
Yes, with documentation from prior 30 days
The tenant owes no early termination fee and no rent for the month after the month the tenant moves out.

Sources

Last checked

The rules in South Dakota

Can domestic violence or sexual assault victims end a lease early in South Dakota?

Yes, with documentation from prior 30 days. Domestic violence victims in South Dakota: yes, with documentation from prior 30 days. The tenant owes no early termination fee and no rent for the month after the month the tenant moves out.

Where do the South Dakota early lease termination laws come from?

The rules above come from S.D. Codified Laws 43-32-19.1 and S.D. Codified Laws 43-32-19.2. Each source is linked on this page. We last checked them in October 2026.

Good to know

The landlord may not disclose a forwarding address the tenant gives in connection with this termination, except with consent or as required by law.

What this means in practice

Read the lease first. Many leases contain an early termination clause, a buyout fee or a sublease option that may be easier to use than a statutory right. A statutory right usually applies even if the lease says nothing about it, and a lease generally cannot waive it.

Statutory early termination rights usually come with conditions. Common ones are written notice to the landlord, a minimum notice period, and proof such as a protective order, police report, military orders or a doctor's statement. Keep copies of everything you send and note the date and method of delivery.

If you leave without a statutory right, you may still owe rent until the unit is re-rented or the lease ends. Where a landlord has a duty to mitigate, it must make reasonable efforts to find a new tenant, and the amount you owe is reduced by rent the landlord collects or reasonably could have collected. Returning keys and documenting the condition of the unit can help limit disputes.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.