South Dakota 2024 Regular Session

South Dakota Senate Bill SB89

Introduced
1/17/24  
Refer
1/17/24  
Report Pass
1/23/24  
Engrossed
1/25/24  
Refer
1/29/24  
Report Pass
2/23/24  
Enrolled
2/27/24  

Caption

Reduce the notice requirement period to terminate a tenancy at will.

Impact

If enacted, SB89 will significantly alter the existing laws governing tenant and landlord relations in South Dakota. The change in the notice periods could expedite the eviction process, which supporters believe will encourage a more fluid rental market. This is particularly relevant in commercial leasing, where speed can be crucial in maintaining business operations or adapting to changing economic conditions. However, the bill also includes protective measures for military families, which demonstrates a consideration for the unique situations faced by service members.

Summary

Senate Bill 89 aims to reduce the notice requirement period for terminating a tenancy at will in South Dakota. Specifically, it proposes that landlords can terminate tenancies for residential properties with a notice period of not less than fifteen days, while for commercial properties, the notice is set at one month. This amendment seeks to streamline the eviction process for landlords, particularly benefiting those looking to reclaim or sell their properties more swiftly. Additionally, it stipulates that tenants in active military service or with a close family member in the military are entitled to two months' notice, except in certain circumstances involving disruption or property issues.

Sentiment

The sentiment around SB89 appears to be mixed. Supporters, including many landlords and real estate interests, welcome the proposed changes, viewing them as necessary for business efficiency and property management. Opponents, however, express concern that reducing notice periods could undermine tenant security and lead to unjust evictions, particularly for vulnerable renters. This polarization leads to a broader debate on balancing landlords' rights to manage their properties with tenants' rights to secure housing.

Contention

Notable points of contention in the discussion include the potential for misuse of the expedited eviction process, particularly in areas of socioeconomic vulnerability. Critics argue that a quicker eviction process could disproportionately affect low-income tenants and those without adequate legal representation. Furthermore, the provision protecting military tenants underscores the complexities of the bill, highlighting the need for a nuanced approach that considers both landlord interests and tenants' rights.

Companion Bills

No companion bills found.

Previously Filed As

SD SB5

Extend the termination date of the Juvenile Justice Oversight Council and modify its membership requirements.

SD SB26

Transfer a property tax relief program, to change income requirements for certain property tax relief programs, and to index certain income schedules to inflation.

SD SB141

Clarify and modernize cremation requirements and procedures.

SD SB185

Establish the Committee on Foreign Investment in the United States – South Dakota and revise provisions related to the foreign ownership or control of agricultural land.

SD HB1102

Clarify and modify requirements related to the medical cannabis program.

SD SB124

Update maintenance and verification requirements for voter registration files.

SD SB56

Revise requirements to relocate a county seat.

SD HB1218

Amend documentation requirements for emotional support animals in a rental dwelling unit.

SD HB1007

Add emergency medical services personnel to Class B public safety membership of the South Dakota Retirement System.

SD SB77

Reinstate the restricted real estate broker's license for auctioneers and revise real estate licensing.

Similar Bills

No similar bills found.