SDCL § 43-8-8: Estate at will--Residential property--Termination by notice--Extended notice for active military service.
Where this section sits in the code
- TITLE 43. PROPERTY
- CHAPTER 43-8. PRESENT ESTATES IN REAL PROPERTY
A tenancy or other estate at will for a residential property, however created, may be terminated by the landlord giving notice to the tenant in the manner prescribed by § 43-8-9 to remove from the premises within a period, specified in the notice, of not less than fifteen days. However, if the tenancy at will is the residence of a tenant who is on active military service or if a person on active military service is an immediate family member of the tenant, the tenant is entitled to two months' notice in the manner prescribed by § 43-8-9 unless:
(1) The tenant has engaged in sustained conduct that is either disruptive to other residents or neighbors, illegal, destructive, negligent toward the maintenance of the property, or constitutes a material breach in the implied lease conditions; or
(2) The landlord has sold the property or the property has passed to the landlord's estate.
For the purposes of this section, an immediate family member is a spouse or minor child.
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