• Renters without leases have many of the same rights and obligations as those with a lease.apartment for rent image by dead_account from Fotolia.com
  
  In South Dakota, tenants without leases have many of the same rights and obligations as those with leases. According to South Dakota Codified Law § 43-32-5, a landlord-tenant relationship can be established without a written lease as long as it is for less than a year. If the tenant has an expired lease, then the original terms of that lease are still valid as long as the landlord is accepting rent from the tenant.
  
  

The Holdover Tenant

• The most common way to establish a rental agreement without signing a lease is by becoming a holdover tenant. According to South Dakota Codified Law § 43-32-14, if a renter stays in the abode past their lease date, and the landlord accepts rent from him, the parties are presumed to have renewed the hiring on the same terms and for the same time. Thus, if a renter signed a lease for six months, and then paid rent for a seventh month, they have agreed to rent the home for another six months at the same rate and with the same terms as before. The landlord has to accept the rent for this arrangement to be valid.
  
  

Month to Month Tenants

• If there is no original lease, the tenant is not a holdover tenant, but a month-to-month tenant. These tenants are protected by the same laws as regular tenants, but only for a year. They are protected by the implied warranty of habitability and eviction defenses. If there is no other arrangement, the tenant must pay rent at the end of each month. South Dakota Codified Law § 43-32-13 allows the landlord to modify or terminate the agreement with a month's written notice. The tenant can also terminate the agreement with a month's written notice.
  
  

Agricultural and Wildland Tenants

• South Dakota does not require a lease for those who rent agricultural property. If there is no contract or lease for agricultural or wildland property, South Dakota Codified Law § 43-32-12 requires that the renter pay the agreed upon amount of rent by the end of each year.