A notice to vacate—also known as a notice of intent to vacate—is a written notice or letter from a tenant to the landlord or the landlord’s property management agent that the tenant will not be renewing the lease when it expires.

The terminology used in a state’s statutes, court opinions, and practices may vary from state to state, but a landlord can also give a tenant a notice to vacate—also known as a 30-day notice, 60-day notice, 90-day notice, 3-day notice, or notice to quit. The landlord may give the tenant notice to vacate due to the upcoming expiration of the lease term or due to a material (significant) breach of the lease agreement or the tenant’s violation of a law.

A tenant or landlord should read the lease agreement carefully before giving a notice to vacate or notice of intent to vacate to comply with the specific requirements of such a notice. In addition to the terms of the lease agreement, state and local laws may provide the circumstances and process for giving notice to vacate. These laws are usually located in a state’s statutes and in city and municipal codes and ordinances.

In South Dakota, a notice to vacate is a formal communication from a tenant to a landlord, or vice versa, indicating the intention to end the lease agreement. For tenants, this notice is typically provided when they do not intend to renew their lease upon its expiration. Landlords, on the other hand, may issue a notice to vacate for various reasons, such as the end of the lease term, a significant breach of the lease terms by the tenant, or a violation of law by the tenant. The specific time frame required for such notices (e.g., 30-day, 60-day, 90-day, or 3-day notice) depends on the terms of the lease and state law. In South Dakota, according to SDCL 43-32-13, a month-to-month tenancy can be terminated by either party giving a written notice at least one month prior to a rent-paying date. For other types of breaches or violations, different notice periods may apply, and these are outlined in various sections of the South Dakota Codified Laws (SDCL). Both landlords and tenants should review their lease agreements and familiarize themselves with relevant state statutes and local ordinances to ensure compliance with the required procedures and time frames for giving a notice to vacate.