Skip to content
PayByTown

Eviction notices in South Dakota

Source: SDCL § 21-16-1; § 21-16-6; § 21-16-7; § 43-32-18; § 43-32-6 (SDCL § 21-16-2 repealed by SL 2024, ch 75) · Checked against the statute

Unpaid rent
No notice required
Lease violation
No notice required
Serious or repeat violation
No separate notice in statute

South Dakota eviction notice deadline

Choose the state, the type of notice and the date it was served.

Notice for unpaid rent

No pre-filing notice is required. The old 3-day written notice to quit (SDCL § 21-16-2) was repealed by 2024 Senate Bill 90 (SL 2024, ch 75, signed March 14, 2024). An eviction (forcible entry and detainer) case may be brought when a tenant fails to pay rent for 3 days after it is due (SDCL § 21-16-1(4)).

Can the tenant pay to stop it? No statutory pre-filing cure period.

Type:
No notice required by statute
Notice period:
No fixed number of days
Law:
SDCL § 21-16-1(4); SL 2024, ch 75, § 1

Notice for a lease violation

No statutory pre-filing notice. An eviction case may be brought if the tenant commits waste or does or fails to do an act that, under the lease, ends the lease (SDCL § 21-16-1(7)); the landlord may end a lease early when the tenant uses the premises contrary to the lease, or fails to make required repairs within a reasonable time after request (SDCL § 43-32-18).

Chance to fix it: No statutory cure period.

Type:
No notice required by statute
Notice period:
No fixed number of days
Law:
SDCL § 21-16-1(7); § 43-32-18

How the days are counted

No pre-filing notice period exists to count. The tenant's answer is due 5 days after service of the summons (SDCL § 21-16-7); the court's summons and checklist say this excludes the day of service, and the checklist says weekends and holidays are not counted.

How the notice must be delivered

No pre-filing notice is required. The summons and verified complaint are served by a sheriff, authorized process server or constable, with at least two attempts at least one week apart within 30 days; on the second attempt the summons may be posted conspicuously, given to a resident, and mailed first-class (SDCL § 21-16-6). The landlord may also publish the summons once in a legal newspaper (§ 21-16-6.1).

If the tenant doesn't pay, fix it or leave

The landlord files a forcible entry and detainer case in circuit or magistrate court (SDCL § 21-16-3). The tenant has 5 days from service to appear and answer (or 30 days after publication, whichever is sooner), and continuances over 14 days require the tenant to post security for rent (SDCL § 21-16-7, amended by SL 2024, ch 75). If the landlord wins, judgment is for possession plus rent or damages and costs (§ 21-16-10). A landlord who unlawfully removes or excludes a tenant or cuts utilities is liable for two months' rent plus return of advance rent and deposit (SDCL § 43-32-6).

Also good to know

  • The Unified Judicial System's current landlord forms (rev. 2026) start with filing the summons and verified complaint; the former Notice to Quit form (UJS-110) is no longer in the packet.
  • A landlord may not retaliate (rent hike, cut services, or a notice to vacate not based on a lease breach) within 180 days after a good-faith code complaint, repair notice or tenant-union activity (SDCL § 43-32-27).

Related

Sources

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; if you have an eviction case, contact your state's legal aid. See our methodology.