A notice to quit is used to allow a tenant to either remedy a violation or vacate the unit. Under South Dakota law, serving a notice is not required to begin the eviction process.

If a tenant misses rent, the landlord has two options:

• Serve a notice and begin the eviction process anytime after (if rent is unpaid); or
• Begin the eviction process after the three-day grace period for late rent passes.

For lease violations, the landlord may begin the eviction process right away. However, serving a notice may avoid the need for a trial if the tenant moves out or cures the issue.

• Notice to Quit for Non-Payment
• Notice to Quit for Non-Compliance
• Notice to Quit for Term Expiration
• 1-Month Notice to Terminate Month-to-Month Lease

If the landlord completes a notice to quit, it can be handed to the tenant directly, delivered by certified mail, or posted in a visible location on the property.

After serving a notice (if any) and the notice period expires, the landlord can begin the eviction process by completing and filing a Summons, Complaint, and Case Filing Statement with the Circuit Court (or Magistrate Court) of the property’s county (fees apply).

Once filed, the Summons and Complaint will be served on the tenant by a sheriff or process server. If in-person service fails after two attempts, the delivering party will post them on the premises and send them by certified mail to the tenant’s address.

The tenant has five days to file an Answer with the court, responding to the landlord’s complaint. Failing to file an Answer may result in a default judgment against the tenant.

After the tenant files an Answer, the landlord can inquire about a hearing date with the court clerk. A Notice of Hearing should then be completed and filed with the court and mailed to the tenant. After mailing, an Affidavit of Mailing must be filed with the court.

The landlord must complete the caption section (the top of the form) of the Judgment of Eviction and Damages and bring it to the trial.

At the trial, the judge will issue a verdict. If the landlord wins, the Judgment will be signed, and they must complete a Notice of Entry of Judgment of Eviction and Damages. The Notice and Judgment must be mailed to the tenant, and the Notice and an additional completed Affidavit must be filed with the court

If the tenant owes rent, the court will also order the tenant to pay the overdue amount.

After judgment, the landlord may obtain an Execution for Possession (or Lockout) and give it to the sheriff. This court order authorizes the sheriff to remove the tenant from the premises. The sheriff will arrange with the landlord a time to evict the tenant.

On the day of eviction, the sheriff will remove the tenant and the landlord may change the property’s locks.