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.