Legal Question in Landlord & Tenant Law in South Dakota

month-to-month lease - 60 day notice to vacate

I'm currently renting an apartment on a month-to-month basis. The lease agreement says that I need to provide a 60 day notice to vacate. Is this legal? If it is a month-to-month lease, would a 30-day notice be sufficient? If the landlord rents the apartment to someone else, is it legal for her to collect rent from both parties (if I vacate before htat 60 days is up)?


Asked on 5/14/07, 4:06 pm

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

Re: month-to-month lease - 60 day notice to vacate

Without a provision, it would be 30 days, but the lease controls.

Such a provision protects both parties ( gives you more time to find another place, gives LL time to replace you).

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Answered on 5/14/07, 4:09 pm


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