Understanding Eviction Notices in South Dakota
Landlords in South Dakota must serve a written notice before proceeding with an eviction. The notice varies depending on the problem: missed payments, lease violations, or ending a tenancy.
With our step-by-step document editor, you can generate your South Dakota eviction notice in minutes and download it in PDF or Word format.
Types of Eviction Notices in South Dakota
South Dakota allows for several types of eviction notices, which vary in length depending on whether the eviction is based on unpaid rent, damage to the property, or other lease violations.
Immediate Notice to Pay Rent or Quit
Per SD SB90, South Dakota landlords do not have to give a notice period for eviction when tenants fail to pay rent. They do have to allow for a three-day grace period before issuing the notice per SD Codified Laws § 21-16-1.
Immediate Notice to Quit for Non-Payment of Rent
Have a tenant move out for not paying rent.
Immediate Notice to Quit for Non-Compliance
Send this notice to inform a tenant that they’ve violated the lease for something other than non-payment. § 43-32-18 doesn’t require landlords to let tenants fix the issue within a certain period before demanding they leave.
Instead, they can simply issue an immediate notice to vacate. However, if the tenant has otherwise been compliant, a landlord can give them a reasonable period to rectify the issue.
Immediate Notice to Quit for Non-Compliance
Begin evicting a tenant if they’ve broken the terms of your lease.
30-Day Notice Lease Termination
This notice alerts the tenant that the landlord is ending a month-to-month lease under SD Codified Laws § 43-32-13. Because month-to-month leases usually renew automatically unless the landlord provides notice, this document helps provide tenants with an adequate warning so they can find alternative accommodations.
30-Day Notice Lease Termination
Give tenants 30 days’ notice to move out if they’re on a month-to-month lease.
How to Evict a Tenant in South Dakota
SD Codified Laws Chapter 21-16 (Forcible Entry and Detainer) governs eviction lawsuits 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 offers the tenant a certain period to vacate the property or rectify the issue, depending on the reason for eviction.
Step 2 – Allow the Tenant to Respond
Give the tenant time to vacate the property if this action is what you ordered in your notice. You may also let them address the violation, which can help you avoid the lengthy eviction process.
Step 3 – File a Lawsuit
File a lawsuit with your local Circuit Court. Submit the appropriate documents and prepare to pay a filing fee, which is around $70.
Step 4 – Serve Summons
Have a sheriff or another authorized party serve the summons to the tenant under one of the approved methods per state law.
Step 5 – Attend a Court Hearing
If the tenant responds (which usually takes four to 30 days), the case will go to court. Proceedings begin, and the court determines whether the tenant can lawfully be removed.
If the tenant prevails, they can stay until their lease ends; if the landlord wins, they can proceed to the next step.
Step 6 – Obtain an 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 physically if it becomes necessary.
Step 7 – Disposal of Personal Property
The owner must store property left by the tenant worth more than $500 for thirty days (SD Codified Laws § 43-32-26). After that period, the property is considered forfeit.
