If a lessee of real property remains in possession thereof after the expiration of the hiring and the lessor accepts rent from him, the parties are presumed to have renewed the hiring on the same terms and for the same time, not exceeding one year.
S.D. Codified Laws § 43-32-14
Retention of possession by lessee after expiration of hiring--Acceptance of rent by lessor--Renewal of hiring--Terms
Applied in 3 court decisions — leading case LBM, Inc. v. Rushmore State Bank (1996)
Most recently applied in LBM, Inc. v. Rushmore State Bank (February 1996)
Source: CivC 1877, § 1118; CL 1887, § 3741; RCivC 1903, § 1437; RC 1919, § 1061; SDC 1939, § 38.0415.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.