If you are a landlord, an eviction notice is an essential legal instrument you need to prepare with care. Customize your own South Dakota eviction notice with our step-by-step template designer.
Last Update December 2nd, 2021
Eviction Notice Types in South Dakota
It’s necessary to provide the correct type of South Dakota eviction notice to the tenant you’re removing from your property. If you don’t, the eviction could be overturned or take significantly longer to complete.
You must give your tenant the precise legal document for the situation, detailing a valid legal reason for the eviction under statutes. This will also affect how long you must give the resident as notice before they have to leave the property.
As seen below, there are a few different options in South Dakota when completing an eviction.
Notice to Quit for Non-Compliance
If a tenant fails to comply with the terms of the lease, aside from not paying rent, landlords may issue them with a Notice to Quit (§ 21-16-1(7) & § 43-32-18). They must then be given a reasonable amount of time to correct the issue or vacate the property within the notice duration.
Assuming the tenant corrects the violation, the notice will be rendered invalid. A new eviction warning will need to be issued if other breaches of the contract occur.
3-Day Notice to Quit (Non-Payment)
If the tenant fails to pay rent, you can serve them with a 3-Day eviction notice (§ 21-16-1(4)). This requires the tenant to either pay the rent owed or to quit the property within 72 hours.
Assuming the tenant pays the rent within this time given, the notice will be null and void. However, if payment isn’t made, and they still refuse to leave, the landlord can sue the tenant in court.
30-Day Notice to Quit (Month-to-Month)
30 Day-Notice to Quit documents are used to evict month-to-month tenants or those who don’t have a fixed lease without providing any given cause. This allows the landlord to inform the tenant that they must vacate the property within 30 days or face a legal challenge.
South Dakota Eviction Laws
An eviction notice in South Dakota is only legally valid if it provides the correct amount of notice based on the purpose for the lease termination. The reason you evict the resident must also comply with SD law.
In South Dakota, you may evict someone for the following reasons:
South Dakota Eviction Process
There are a number of crucial steps to follow when evicting a tenant in South Dakota. These police how the notice must be served and what you’ll need to do if the tenant still refuses to vacate the property.
To successfully evict your tenant in South Dakota with an eviction notice, you’ll need to do the following:
Serve a valid eviction notice giving the tenant sufficient time to leave based on the reasons for the lease termination.
The landlord may file for Forcible Entry and Detainer with their local Magistrate or Circuit Court if the tenant refuses to leave on their own.
Both the landlord and tenant can argue their case in court, once the hearing date arrives.
The judge will decide whether the eviction can be upheld or not. If it is upheld, you can ask the clerk of the court for an Execution for Possession (also known as a “Lockout”).
When the Execution of Possession has been granted, the document can be given to your local law enforcement agent, who will remove the tenant and their property from your real estate.
Eviction Notice Sample
When you prepare your own South Dakota eviction notice, it can be hard to have a clear idea of what the final document will look like. If you need a little extra guidance on how your legal document will appear, simply review our eviction notice sample below.
FAQs About South Dakota Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about South Dakota’s eviction notices in our FAQs below and learn how to use these forms effectively.
How Long Does It Take to Evict a Tenant in South Dakota?
In many cases, a South Dakota eviction can be completed in a matter of days. Once the eviction notice is served, the tenant will have between 3 - 30 days to vacate. If they comply, then the process will be over as soon as the notice period ends.
However, serving the eviction notice incorrectly can lead to delays in the process. Also, if the tenant refuses to vacate, eviction procedures can take somewhat longer. To go through the court process can take up to 3 months, depending on how busy the district or housing court system is at the time.
How to File for Eviction in South Dakota
If a tenant doesn’t comply after being served with a legally valid South Dakota eviction notice, it will be necessary to file a Forcible Entry and Unlawful Detainer case against them. To do this, the landlord will need to visit their local Magistrate or Circuit Court, file the case with the clerk of the court, and provide the following evidence:
A copy of the lease agreement
The eviction notice that has been served (including proof of service)
Proof of any violations such as photographs, police reports, or receipts
Any witnessing parties to the violations
How Many Days Notice Does a Landlord Need to Give in South Dakota?
The notice period a landlord needs to give in South Dakota always depends on their reason to evict. When an SD eviction notice is served, it must provide the correct duration for the infraction, or it won’t be valid. This can be as few as 3 days for a missed rental payment and up to 30 days when terminating a lease.