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South Dakota Eviction Notice Forms (3)

A South Dakota eviction notice is a document used by a landlord to notify a tenant when the latter is in violation of the lease agreement. The notice must include a description of the violation and how many days the tenant has to fix the issue. If the tenant is unresponsive, the landlord can file a forcible entry and detainer lawsuit.
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By Type (3)

Notice to Quit (Non-Payment of Rent) – Requires the tenant to pay any past due rental payments or face court action to have the tenant evicted.

Download: PDF

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.

Download: PDF

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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Eviction Laws

  • Rent Grace Period: Three days after due date.[1]
  • Non-Payment of Rent: Immediate.[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]

Prohibited Landlord Actions

Utility Shutoff – If a landlord willfully causes the interruption of electric, gas, water, or other essential services to the tenant, the tenant may sue the landlord, terminate the rental agreement, and recover up to two months’ rent in damages.[5]

Changing the Locks – If a landlord unlawfully removes or excludes the tenant from the premises, the tenant may sue the landlord, terminate the rental agreement, and recover up to two months’ rent in damages.[5]

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.

How to Evict a Tenant (4 steps)

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 describing the lease violation and the amount of time they have to rectify the issue.

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.

The filing fee is $70.[6]

3. Receive Court Judgment

The tenant will have four 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 possess 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.