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43-8-8Estate at will--Termination by notice of not less than one month--Extended notice for active military service.

A tenancy or other estate at will, however created, may be terminated by the landlord's 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. 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.

Source: CivC 1877, § 239; CL 1887, § 2755; RCivC 1903, § 262; RC 1919, § 332; SDC 1939, § 51.0501; SL 2011, ch 197, § 1.

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