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Yes, South Dakota is a landlord-friendly state.
In South Dakota, a tenant can break a lease early, without penalty, due to an early termination clause. However, a tenant can only break the lease if an early termination clause exists in the lease. A landlord is not required to include an early termination clause in a lease under South Dakota law.
Lease and Rental Services Gross receipts from the lease or rental of tangible personal property are subject to the state sales tax, plus applicable municipal sales tax. Sales tax also applies to any buy-out payments at the end of a lease.
But breaking a lease can still affect your credit if it results in unpaid debt. Whether it be damage fees, termination fees, back rent, or current rent that you're still liable for, landlords can report that debt to collection agencies, who may then report that unpaid debt to the credit bureaus.
Here is an example of an early termination clause: Early Termination Clause: The Tenant may terminate this Lease Agreement before the expiration date by giving the Landlord a written notice of at least 60 days and paying a termination fee equivalent to two months' rent.
A South Dakota month-to-month rental agreement is a lease with no end date, which only cancels upon termination notice from the landlord or tenant. Under South Dakota law, the landlord must provide at least thirty (30) days' notice to terminate while the tenant only has to provide fifteen (15) days.
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.