Statutes: South Dakota

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.