43-32-19.1 . Domestic abuse--Unlawful sexual behavior--Stalking--Termination of lease--Notice requirements.
If a tenant or a member of the tenant's household is the victim of alleged domestic abuse, unlawful sexual behavior, or stalking, the tenant may terminate the lease and vacate the rental unit without penalty for early termination on or before a specified date, provided:
(1) The tenant notifies the landlord in writing that the termination is due to the tenant's fear of imminent danger or injury to the tenant or to a member of the tenant's household; and
(2) The tenant attaches to the notice:
(a) A police report regarding an alleged incident of domestic abuse, unlawful sexual behavior, or stalking, signed during the thirty-day period immediately preceding the date of the notice;
(b) A protection order issued during the thirty-day period immediately preceding the date of the notice, in response to an alleged incident of domestic abuse, unlawful sexual behavior, or stalking; or
(c) Documentation signed by a licensed health care provider indicating that:
(i) During the thirty-day period immediately preceding the date of the notice, the provider examined the tenant or a member of the tenant's household;
(ii) The examination was within the provider's scope of practice; and
(iii) As a result of the examination, the provider has reasonable cause to believe that the tenant or a member of the tenant's household was a victim of alleged domestic abuse, unlawful sexual behavior, or stalking.
A tenant who provides a notice of termination in accordance with this section is not liable to pay any otherwise applicable early termination fee or the rent applicable to the month following that in which the tenant vacates the premises.
Source: SL 2020, ch 190, ยง 3.
Structure South Dakota Codified Laws
Chapter 32 - Lease Of Real Property
Section 43-32-1 - Leasing of real property defined.
Section 43-32-2 - Limited term of lease--Agricultural land--Municipal lots.
Section 43-32-3 - Hiring of real property presumed for one year--Exception.
Section 43-32-4 - Hiring of lodgings--Length of term--Presumption.
Section 43-32-5 - Lease of real property for more than one year--Written contract necessary.
Section 43-32-6 - Obligations of lessor of real property--Tenant's remedies against lessor.
Section 43-32-9 - Failure of lessor to repair premises--Lessee's remedies.
Section 43-32-10 - Preservation of premises by lessee.
Section 43-32-13 - Modification of lease--Written notice by landlord, effect--Termination by tenant.
Section 43-32-15 - Renewal of hiring of real property presumed unless notice given of termination.
Section 43-32-16 - Tenant receiving notice of adverse proceedings--Duty to inform landlord.
Section 43-32-17 - Attornment of tenant to stranger, validity--Consent of landlord--Judgment.
Section 43-32-18.1 - Eviction of tenant--Limitations.
Section 43-32-19 - Termination of lease by tenant--Causes.
Section 43-32-19.2 - Contact information--Disclosure--Limitation.
Section 43-32-24.1 - Commercial security deposits.
Section 43-32-27 - Cause of action against lessor for retaliatory conduct.
Section 43-32-28 - Retaliatory conduct--Remedies--Attorney's fees.
Section 43-32-30 - Disclosure of knowledge of existence of prior manufacturing of methamphetamines.
Section 43-32-31 - Notice to vacate and remove mobile or manufactured home from leased property.
Section 43-32-32 - Reasonable notice of landlord's intent to enter--Contents.
Section 43-32-33 - Service animal and disability defined.
Section 43-32-35 - Service animal documentation requirements.
Section 43-32-37 - Ejection--Hotel, campground, or RV park premises.