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Panel approves cutting eviction notice in half for month-to-month rentals

Brent Duerre

A Senate committee is advancing a proposal that cuts the state’s eviction notice time for "at-will" tenants in half.

Opponents say the change will increase the number of evictions in South Dakota.

To alleviate the state’s housing shortage, one state lawmaker wants to reduce the amount of time landlords need to give for a notice to vacate a premises from one month down to 15 days.

Republican state Sen. Michael Rohl said the bill will bring more confidence to the housing market for property owners and renters.

Rohl said the notice to vacate works two ways - both with landlords and tenants.

He said the current number of days in state law is too high for today’s market. He said the change will only affect those whose lease has expired and is month-to-month.

“This isn’t going to change people’s leases to 15 days,” Rohl said. “If they just sign a lease it provides stability for both sides. That’s the point of a lease. As a property owner, when you own something, if somebody is not willing to commit to the property long term, I think it’s important for them to have that same flexibility.”

Rohl said the bill aids the housing market for travelling business professionals, like nurses and doctors.

Some opponents say 15 days is not enough time for individuals to find a new place.

Karissa Loewen is with West River Tenants United—an advocacy group that helps tenants who get evicted. She said the change will negatively affect low- and fixed-income individuals.

“A 15-day tenancy is a problem in this tight housing market," Loewen added.

According to a Rapid City housing study, a person in Rapid City needs to make an annual wage of $52,000 to afford average monthly rent. Average monthly rent in Sioux Falls is about $140 a month lower.

There was no discussion about the proposal Tuesday among the all-Republican committee. It passed unanimously and heads to the full Senate.

Tenants’ rights groups are concerned about another proposal that removes a three-day notice requirement before certain eviction proceedings begins.

Lee Strubinger is SDPB’s Rapid City-based news and political reporter. A former reporter for Fort Lupton Press (CO) and Colorado Public Radio, Lee holds a master’s in public affairs reporting from the University of Illinois-Springfield.