This office lease form states that if the tenant, without the written consent of Landlord, holds over after the expiration of the term of the lease, and if the landlord does not proceed to remove the tenant from the demised premises in the manner permitted by law, the tenancy will be deemed a month-to-month tenancy.
South Dakota Addressing Holdover Tenancy in a Lease: Holdover tenancy refers to a situation where a tenant remains on the rental property after their lease has expired. In South Dakota, there are specific rules and regulations regarding holdover tenancy that both tenants and landlords should be aware of to avoid any legal complications. One type of holdover tenancy in South Dakota is the tenancy at will. This occurs when a tenant continues to occupy the rental property without signing a new lease agreement after the initial lease term has expired. In this situation, the original terms and conditions of the expired lease generally still apply, except for the duration of the tenancy, which becomes month-to-month. The tenant must give a proper notice to terminate the tenancy, typically 30 days, while the landlord must also provide a notice to terminate with a period of either 30 days or 60 days, depending on the tenancy duration. Another type of holdover tenancy in South Dakota is called tenancy at sufferance. This situation arises when a tenant remains on the property without the landlord's consent after the lease has expired. Unlike tenancy at will, tenancy at sufferance does not grant the tenant any rights or tenancy protections. Instead, the landlord can choose to evict the holdover tenant without providing any further notice. To address holdover tenancy in a lease agreement in South Dakota, it is essential to include specific provisions that outline the rights and obligations of both the landlord and tenant in case of a holdover situation. These provisions may include the duration of the holdover tenancy, any additional fees or penalties that may be incurred, and the process for terminating the holdover tenancy, including the required notice periods. Landlords should ensure that their lease agreements clearly state the consequences for holdover tenancy, whether it be converting the tenancy to month-to-month or initiating eviction proceedings. It is also advisable for landlords to regularly communicate with tenants nearing the end of their lease term to discuss any potential renewal or termination plans. Tenants, on the other hand, should carefully read and understand the holdover tenancy provisions in the lease agreement. If they wish to continue occupying the rental property after the lease expires, it is crucial for them to communicate their intentions to the landlord and negotiate a new lease or holdover agreement, if necessary. In conclusion, South Dakota has specific procedures and regulations in place for addressing holdover tenancy in a lease. Understanding the different types of holdover tenancy, such as tenancy at will and tenancy at sufferance, can help both landlords and tenants navigate this situation effectively. By including comprehensive holdover tenancy provisions in lease agreements, landlords can protect their rights, while tenants can ensure their tenancy remains secure and legally compliant.
