An Act to reduce the notice requirement period to terminate a tenancy at will.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 43-8-8 be AMENDED:

43-8-8. A tenancy or other estate at will for a residential property, however created, may be terminated by the landlord's 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 one month 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, or 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.

Section 2. That a NEW SECTION be added to chapter 43-8:

A tenancy or other estate at will for a commercial 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 one month.