A South Dakota eviction notice is employed by landlords to initiate tenant eviction proceedings. This notice complies with South Dakota state law, detailing the grounds for eviction and granting the tenant the legally mandated timeframe to address the situation or vacate the property.
By Type
30-Day Notice Lease Termination
Give tenants 30 days’ notice to move out if they’re on a month-to-month lease.
Notice to Quit for Non-Compliance
Begin evicting a tenant if they’ve broken the terms of your lease.
3-Day Notice to Pay Rent or Quit
Deliver tenants three days' notice to pay rent before eviction can proceed in court.
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).
How to Evict a Tenant in South Dakota?
In South Dakota, eviction lawsuits are governed by Title 21, Chapter 16 of the South Dakota Codified Laws.
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 remove the occupant, if necessary, physically.
Step 3: Disposal of Personal Property
The owner must store property left by the tenant worth more than $500 for ten days. After that period, the property is considered forfeit.