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South Dakota Notice to Quit Form | Non-Payment

A South Dakota notice to pay or quit is a written notice given to a tenant (lessee) who fails to pay rent. The notice must be served by a sheriff or any other person legally authorized to effect service. If the tenant cannot be found, a second attempt must be made at least one week after the first service attempt.
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Updated January 28, 2025

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Laws

  • Notice Period: None required by state statute.[1]
  • Rent Grace Period: Rent must be three days past due before eviction proceedings can commence.[2]
  • Maximum Late Fee: None established by state law.

Delivery Options (2)

  1. Delivering the summons to the tenant in person; or
  2. Posting the summons on the property AND sending by first class mail (on the second attempt).[3]

Waiver of Landlord’s Right to Terminate

If the landlord accepts rent from a tenant after their lease has expired, the parties are presumed to have renewed the agreement.[4]

Sample

Download: PDF

Sources

  1. SD SB90
  2. § 21-16-1(4)
  3. § 21-16-6
  4. § 43-32-14