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South Dakota Eviction Notice Forms (3)

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South Dakota Eviction Notice Forms (3)

Updated January 08, 2024

A South Dakota eviction notice is a document that constitutes the first step a landlord takes to notify a tenant of intent to evict if certain steps are not taken. The landlord writes the notice while including a description of the violation and the number (#) of days the tenant has to fix the issue. If the tenant is unresponsive, the landlord can file a forcible entry and detainer lawsuit in the local Magistrate Court or Circuit Court.

By Type (3)



Notice to Quit (Non-Compliance) – If the tenant has violated the lease, for anything other than non-payment, this notice must be sent and the tenant must be given “reasonable time” to cure the issue.

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3-Day Notice to Quit (Non-Payment of Rent) – Tenant has three days after receiving notice from the landlord that he or she is behind on rental payments to pay or leave the premises before the landlord can go to court to have the tenant evicted.

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30-Day Notice to Quit (Month-to-Month Tenancy) – This form is used by a party to a month-to-month tenancy to let the other party know of his or her intention not to renew.

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Table of Contents

Eviction Laws

  • Rent Grace Period: No laws.
  • Non-Payment of Rent: 3 days.[1]
  • Non-Compliance: Immediate but within a “reasonable time.”[2]
  • Termination (Month-to-Month Lease): 1 month.[3]
  • Eviction Lawsuit: Forcible entry and detainer.[4]

Court Forms

Desk with pencil holder, pencil, and inbox tray with court forms.

The following eviction documents must be obtained from the magistrate or circuit court where the rental unit is located; South Dakota does not provide eviction paperwork online.

Summons and Complaint – Landlords can file this document with their local magistrate or circuit court to initiate a forcible entry and detainer action (eviction) against a tenant.

Judgment for Possession – If a landlord wins an eviction lawsuit, the court will issue a Judgment for Possession which proves that the landlord has regained possession of the premises.

Execution for Possession – Landlords may request an Execution for Possession if a tenant continues to reside on the premises after being evicted. This document authorizes the sheriff’s office to visit the tenant and remove them from the property.

When is Rent Due

Wall calendar displaying month and date.

There is no grace period in South Dakota. Rent is due on the date mentioned in the lease agreement.

How to Evict (4 steps)

  1. Provide Notice to Tenant
  2. File Court Forms / Serve Tenant
  3. Receive Court Judgment
  4. Obtain Execution of Possession If Necessary

1. Provide Notice to Tenant

The first step that must be taken before going to court to have a tenant evicted is to provide the requisite notice to the tenant that they need to fix a problem, such as not paying rent, or move out and they have three days to do it.

2. File Court Forms / Serve Tenant

If the tenant does not respond, the landlord may then go to the Local Magistrate or Circuit Court representing the area in which the property is located to file a Forcible Entry and Detainer Action. The landlord must fill out a Summons and Complaint and have the tenant served.

3. Receive Court Judgment

The tenant will have four (4) days to respond after the Summons and Complaint are served. If the tenant fails to respond and/or the landlord prevails the court will enter a judgment of possession entitling the landlord to possession of the property.

4. Obtain Execution of Possession If Necessary

If the tenant still doesn’t move out, the landlord will have to obtain an execution of possession which authorizes the sheriff to force the tenant to leave.

Sources

  1. § 21-16-1(4)
  2. § 43-32-18
  3. § 43-32-15
  4. § 21-16-1 – 21-16-12