If you’re a landlord seeking to evict a tenant, use a South Dakota (SD) eviction notice to begin the process. Your eviction notice must be written according to South Dakota state law, and give your tenant the legally required amount of time to respond or move out.
In South Dakota, eviction lawsuits are governed by Title 21, Chapter 16 of the South Dakota Codified Laws.
South Dakota Eviction Notices by Type
Download a free eviction notice customized for South Dakota state law below in MS Word (.docx) or Adobe PDF format.
30-Day Lease Termination: Use this notice to let a tenant know that you’re ending a month-to-month lease, and that they must prepare to leave your property. In South Dakota, landlords must give tenants 30 days’ notice to move out if they’re on a month-to-month lease.
Notice to Quit for Non-Compliance: Use this notice to immediately begin evicting a tenant if they’ve broken the terms of your lease. In that time, tenants may have the option to fix (or “cure”) the problem if the landlord chooses.
3-Day Notice to Pay Rent or Quit: Use this notice to begin evicting a tenant if they haven’t paid rent on time. In South Dakota, landlords must give tenants three days to pay rent before the eviction process can proceed in court.
If you wish to send a letter simply reminding your tenant that rent is late (without threat of eviction), use a late rent notice.
Eviction Laws & Requirements
- Eviction Lawsuit: Forcible Entry and Detainer
- Grace Period for Rental Payment: In South Dakota, there is no statute for a grace period or late fees regarding rent.
- Late or Non-Rent Payment Notice: 3 days (Statute 21-16-2)
- Notice of Non-Compliance: Immediate (Statute 43-32-18)
- Lease Termination (Month-to-Month): 30 days (Statute 48-8-8)
What Is the Eviction Process in South Dakota?
Step 1: Send an eviction notice
The first step is to provide the tenant with the correct eviction notice. This written document must offer the tenant a certain period of time (determined by South Dakota law), depending on the reason for eviction. Step 2: File Action and Serve Summons
The tenant receives a summons, and the court proceedings determine whether the tenant can be removed.
Step 2: Execution for Possession
Once the judgment is delivered, the landlord can get an execution for possession or lockout order. This document provides the date and time that execution of possession can take place and authorizes the Sheriff’s Department to physically remove the occupant, if necessary.
Step 3: Disposal of Personal Property
Property that is left by the tenant that’s worth more than $500 must be stored by the property owner for 10 days. After that period, the property is considered forfeit.