A South Dakota eviction notices is a document delivered to a tenant to notify them that their lease is terminating in the number of days indicated on the form. In South Dakota, it is legally required of the landlord to provide three (3) days’ notice to the tenant should they be in default of their rent for over three (3) days past the due date, or if they have stayed on the property beyond their lease term. A landlord in this state is not required to provide written notice if the tenant has damaged the property, violated their lease, or refused to make necessary repairs to the property after a request has been made by the landlord. Failure to comply with the notice terms can result in a Forcible Detainer and Entry action filed to evict the tenant from the premises and recover any necessary damages.
3-Day Notice to Quit for Non-Payment – This notice is used when the tenant has failed to pay their rent three days or more after the due date.
3-Day Notice to Quit for Term Expiration – Served on a tenant when their term has expired and they remain on the premises. It provides the tenant with three (3) days to leave or eviction proceedings will commence.
Immediate Notice to Quit for Non-Compliance – Delivered to a tenant who has committed waste on the property or has otherwise violated their lease agreement.
1-Month Notice to Terminate Month-to-Month Lease – This notice to quit can be drafted and delivered by either party of an at-will tenancy wherein the term is one (1) month. It provides the receiving party with one (1) month’s notice that the other will be terminating their agreement.
- Grace Period (§ 21-16-1(4)): Three (3) Days
- Non-Payment of Rent (§ 21-16-1(4) and § 21-16-2): Three (3) Days
- Term Expiration (§ 21-16-1(4) and § 21-16-2): Three (3) Days
- Lease Non-Compliance (§ 43-32-18): No notice required
- Property Damage (§ 21-16-1(7)): No notice required
- At-Will Tenancy Termination (§ 43-8-8): At least One (1) Month
An eviction suit in South Dakota is referred to as a Forcible Detainer and Entry. It requires that the landlord provide sufficient notice 0f the violation, deliver the necessary court forms, and await the tenant’s response. Not all cases go to trial; however, both parties should be prepared with the necessary evidence and copies of all documents to ensure that they can accurately defend their case if need be.
Step 1 – Complete Notice to Quit
A notice to quit in South Dakota is necessary if the tenant has not paid their rent within three (3) days, or if their term has expired and they have not quit the premises. There is no state statute that requires that a landlord provide a notice to quit if the tenant commits waste to the premises (§ 21-16-1(7)), uses the premises in a way that violates the lease (§ 43-32-18(1)), or refuses to make a repair for which they are responsible (§ 43-32-18(2)). The below notice to terminate a month-to-month lease must be served prior to the notice to quit for term expiration.
- 1-Month Notice to Terminate Month-to-Month Lease
- 3-Day Notice to Quit for Non-Payment
- 3-Day Notice to Quit for Term Expiration
Step 2 – Serve the Notice to the Tenant
A notice to quit must be served on the tenant and returned with proof of service (§ 21-16-2). If the first attempt at service fails, on the second attempt, the notice can be left posted in a clearly visible place on the property, delivered to the tenant in person (if they can be located), and sent by mail to the address. The second attempt at service must be committed at least six (6) hours from the initial attempt.
Step 3 – Summons and Complaint
If the tenant fails to move out or remedy the situation, the landlord can file a Forcible Detainer and Entry action at the circuit court or magistrate court that has jurisdiction over the property. The landlord must obtain Summons and Complaint forms from the local court and serve them on the tenant providing them with four (4) days to give a response. It is necessary that the complaint, which details the cause of the eviction, be in writing, verified, and served by an individual authorized to serve such a document (as detailed in § 15-6-4(c)). Each attempt at service must be separated by a week but occur within one (1) month (§ 21-16-6). The second attempt, if the server has posted the Summons and Complaint on the premises, must also be delivered directly
Step 4 – Tenant’s Answer
The tenant has four (4) days to provide an Answer to the complaint and plead their case. The state does not allow for any continuance or adjournment greater than fourteen (14) days. Failure to file an Answer with the court may result in a default judgment against the tenant.
Step 5 – Trial
If the tenant succeeds in filing an Answer within the four (4) day period, the case will go to trial. A tenant may request a trial by jury, otherwise, a bench or court trial will be scheduled. The case can be brought to trial as soon as two (2) days from the service of the summons. The landlord will need to bring sufficient evidence of non-payment of rent or of a lease violation that would permit a cancellation.
Step 6 – Removal of Tenant
Should the court decide in favor of the landlord, or should the tenant fail to answer within the four (4) days provided, the tenant will be ordered to pay any unpaid rent (if applicable) and to quit the premises. An Execution for Possession can be obtained by the landlord and served on the tenant authorizing the sheriff’s office to remove the tenant from the premises if necessary.
- Signing: Tenant
- Signing: Court clerk and process server
- Signing: Landlord and process server
- Execution for Possession
- Signing: Magistrate judge