Free South Dakota State Eviction Notice Forms

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. 

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:

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: 

1. Serve a valid eviction notice giving the tenant sufficient time to leave based on the reasons for the lease termination.
2. 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.
3. Both the landlord and tenant can argue their case in court, once the hearing date arrives.
4. 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”).
5. 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.

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.

There are several other legal documents that can be useful for landlords or when managing real estate. If you are currently renting out a property, or plan to do so in the future, use the following documents below to ensure your property is properly looked after: 

• South Dakota Rental Application
• South Dakota Residential Lease Agreement