Legal Templates

South Dakota Eviction Process

Updated June 10, 2024

Sara Hostelley

Written by Sara Hostelley

Reviewed by Susan Chai, Esq.

Whether you need to evict a tenant in South Dakota for failure to pay rent, lease violations, or another reason, you must abide by the established laws and processes. Understanding how it works allows you to navigate eviction proceedings while respecting tenant rights and adhering to legal requirements.

After issuing a notice, you may file an eviction lawsuit and take the case to court. If you're successful, you may obtain a Execution for Possession to have the tenant removed. Please note that the eviction process in South Dakota may take between five weeks and three months to finish.

How to Evict a Tenant in South Dakota

South Dakota Eviction Process

Step 1 – Send the Eviction Notice

SD Codified Laws § 21-16-2 indicates landlords should serve an eviction notice as they would a legal summons. You may serve the tenant using a process server, sheriff’s office, or other individuals authorized under SD Codified Laws § 15-6-4(c).

If the first service attempt is unsuccessful, make a second attempt at least six hours after the first. During the second attempt, you may affix the notice in a clearly visible place on the property, deliver a copy to a resident on the property, and mail the notice by first class mail addressed to the tenant. If the tenant vacates within three days of receiving notice, you don’t need to take any further action.

Step 2 – Wait for the Tenant’s Response

If the tenant hasn’t paid rent, give them three days to provide a response. If you’re evicting them for noncompliance reasons, you don’t have to provide a notice deadline. However, you can avoid the legal process associated with eviction if you give them a reasonable period to vacate or options to remedy if possible.

Step 3 – File an Eviction Lawsuit

If you serve an immediate eviction notice or the tenant fails to leave the property within the notice period, your next step is to file an eviction lawsuit or a “Forcible Entry and Detainer” lawsuit. You file an eviction with the local Circuit Court in the county where the property is located, per SD Codified Laws § 21-16-3.

You must submit the following documents to begin the eviction process (per the South Dakota Unified Judicial System):

  • Case filing statement
  • Summons
  • Verified complaint
  • Copy of the lease agreement
  • Copy of the notice to quit and vacate
  • Affidavit of service from the process server or other delivery method of notice to quit and vacate

When you submit the eviction documents to the appropriate court, you must also pay a $70 filing fee.

Step 4 – Serve the Summons and Verified Complaint

To file the eviction lawsuit, you must serve copies of the summons and verified complaint using an approved party under SD Codified Laws § 15-6-4(c). Typically, landlords use the sheriff’s office, which charges a fee of $50 for the service, per SD Codified Laws § 7-12-18.

The sheriff or authorized party will attempt to personally serve the documents twice within 30 days, at least one week apart, in accordance with SD Codified Laws § 21-16-6. As a last resort, they may serve the summons by printing it in a newspaper in the relevant county, per SD Codified Laws § 21-16-6.1.

Timeline

The summons and complaint should be served within 30 days of being issued.

Step 5 – Attend the Eviction Hearing

Per SD Codified Laws § 21-16-7, the hearing will be scheduled four days from the time of service or 30 days from the date the service was published in the newspaper. If the tenant doesn’t attend, the judge will typically issue a summary judgment in favor of the landlord.

If the tenant submits an answer to the lawsuit, the case will go to trial, and a jury or judge will decide who retains possession of the property. If the tenant wins, they will be allowed to remain at the property until their lease expires. If the landlord wins, the judge will provide a Judgment of Eviction and Damages.

Timeline

A court can schedule an eviction hearing as early as two days after the tenant submits their response to the court.

Step 6 – Obtain an Execution for Possession

The judgment typically orders the tenant to pay back rent and damages associated with the complaint. They will also create an Execution for Possession (also called a Lockout), which orders the tenant to vacate by a specific date.

When the judge rules in your favor in an eviction case, this doesn’t permit you to forcibly remove the tenant yourself. Any attempt to remove the tenant without the assistance of a sheriff, constable, or other authorized party could create serious legal challenges.

Once the move-out deadline has passed, bring a copy of the Judgment of Eviction and Damages to the county sheriff’s office for assistance. For a fee of $95, they will forcibly evict the tenant and return the property to your possession.

Timeline

Removing the tenant may take between a few hours and a few days.

Step 7 – Store and Dispose of Tenant Property

A tenant may purposely or accidentally leave some of their property behind. Ensure you adhere to tenant rights when storing and disposing of tenant property.

Eviction Reasons

A landlord may evict a tenant for breaching the lease agreement’s terms. Violations range from missed rental payments to engaging in illegal activities on the rental property. Common causes of eviction in South Dakota include:

  • Failure to pay rent
  • Damage to the rental property
  • Disruptive behavior
  • Illegal activities
  • The landlord’s sale of the rental property
  • Failure of the tenant to renew the lease

Although state law doesn’t have many limits on evictions, you must still adhere to federal standards established by the Fair Housing Act (42 USC § 3601-19). The Fair Housing Act makes it illegal to discriminate in housing rentals to anyone because of their race, color, sex, religion, disability, national origin, disability, or familial status.

Typically, South Dakota evictions can be categorized as at-fault and no-fault.

At-Fault Evictions

An at-fault eviction arises when a tenant violates the terms of the lease agreement. The tenant is responsible for actions that breach the lease agreement, which gives the landlord a legal right to terminate the lease. Regardless of the reason, the landlord must notify the tenant before they can evict them.

1. Notice for Failure to Pay Rent

Overview:

  • Issue a three-day notice when the tenant fails to pay rent on time.
  • It gives the tenant three days to vacate the rental unit. Otherwise, they risk the landlord filing an eviction lawsuit against them.
  • The three-day deadline does not include weekends and holidays.
  • Landlords don’t have to give the tenant a chance to pay their rent; they can simply demand them to leave.
  • The laws are present in SD Codified Laws § 21-16-2 and § 21-16-1(4).

2. Notice for Lease Violation

Overview:

No-Fault Evictions

A landlord cannot evict a tenant during the lease period if the tenant has not violated the lease agreement. Even if the tenant meets all the lease requirements, some conditions may allow the landlord to initiate a no-fault eviction. A no-fault eviction may occur when the landlord sells the property or wishes to discontinue a month-to-month lease.

1. Notice to Quit and Vacate Due to Property Sale

Overview:

  • Use it when the landlord sells the property and the new owner doesn’t want to rent to tenants.
  • This notice terminates the lease agreement and provides three days’ notice.
  • The three-day deadline does not include weekends or holidays
  • SD Codified Laws § 21-16-2 and § 21-16-1(5) are the applicable laws for this notice type.

2. Notice to Quit and Vacate to Terminate a Month-to-Month

Overview:

  • Use it when the tenant is on a month-to-month lease.
  • It terminates the month-to-month lease agreement with 30 days’ notice.
  • The 30-day notice includes weekends and holidays.
  • SD Codified Laws § 43-32-13 outlines the notice requirement.

Military Service Exception

Tenants who are on active military service may receive two months’ notice for a no-cause eviction on a month-to-month tenancy. This exception also applies to tenants who are immediate family members of a person on active military service (SD Codified Laws § 43-8-8).

Eviction Timeline

ReasonCurableLease TypeDurationNotice Period
End of LeaseNoNo LeaseIndefiniteImmediate with notice
End of LeaseNoFixed TermAny Term3 days if the lease has expired
End of LeaseNoMonthlyMonth-to-Month30 days with notice
Overdue RentNoAnyAny3 days with notice
Lease ViolationNoAnyAnyImmediate with notice
Illegal Activity or Repeat Violations NoAnyAnyImmediate with notice
Sale of PropertyNoAnyAny3 days with notice
False Claim of Disability/Service AnimalNoAnyAnyImmediate with notice

Tenant Rights in South Dakota

Self-Help Evictions

A self-help eviction occurs when a landlord tries to take an eviction into their own hands. Self-help evictions are illegal in South Dakota. According to SD Codified Laws § 43-32-6, landlords are prohibited from taking the following actions to evict a tenant:

  • Removing the tenant from the property
  • Excluding the tenant from the property by preventing access
  • Interrupting gas, electric, water, or other essential services

In taking the above actions, the landlord violates the tenant’s legal right to quiet enjoyment. The tenant could seek a restraining order, keep possession of the property, or end the lease agreement early without paying additional fees. They could also recover damages for two months’ rent and seek the return of any advance rent and deposit paid.

Retaliatory Action

Additionally, SD Codified Laws § 43-32-27 prohibits landlords from taking retaliatory action against a tenant when the tenant:

  • Reports building or housing code violations affecting the tenant’s health and safety
  • Complains in writing about an issue requiring repair, per SD Codified Laws § 43-32-9
  • Organizes or joins a tenant’s union or similar organization

An act is a retaliation if the landlord issues a notice to vacate within 180 days of the above actions unless the tenant otherwise violates the lease agreement or the lease agreement terminates.

Abandoned Property

You may be tempted to immediately remove the tenant’s property once they vacate. However, state law requires you to store the tenant’s property for a specific period before you dispose of it.

SD Codified Laws § 43-32-25 states that you may leave any property reasonably valued below $500 on the property for up to ten days before it is considered abandoned. Once the ten days have passed, you can dispose of the abandoned property as you see fit.

SD Codified Laws § 43-32-26 requires you to store property reasonably valued over $500 for 30 days. You can place a lien on the property to cover the costs for storage and handling. If the tenant doesn’t recover the property within 30 days, you can dispose of it.

Resources