South Dakota Eviction Notice Template (SDCL § 21-16-1)
Before a landlord can file an eviction case, most states require a written notice that tells the tenant what is wrong and how long they have to fix it or move out. Answer the questions below to create a clear, professional notice — then check it against your state and local rules before you serve it.
Your details
No account needed. Your letter updates as you type.
Live preview
Free to preview[Landlord or property manager name]
[Your address and phone for the tenant to reach you]
October 15, 2026
To: [Tenant name(s)]
and all other occupants of
[Rental property address]
Re: [Type of notice] — [Rental property address]
Dear [Tenant name(s)],
This letter is formal written notice to you as the tenant of the property at [Rental property address]. Type of notice: [Type of notice].
The reason for this notice is as follows:
[Reason for this notice]
Within [Notice period in days] days after this notice is delivered to you, you must [What the tenant must do within that time]. If this notice is delivered to you on October 15, 2026, that period ends on October 15, 2026.
This notice is given in connection with South Dakota Codified Laws § 21-16-1, under which a landlord may recover possession only through a forcible entry and detainer action in court.
If you do not do so within that time, I intend to file an eviction case with the court to recover possession of the property. You will have the opportunity to respond in court, and you may not be removed from the property unless a court orders it. I will not remove you or your belongings or change the locks without a court order.
If you have questions about this notice, or wish to discuss payment or resolving the issue, please contact me in writing at the address above.
Sincerely,
[Landlord or property manager name]
Date this notice was delivered: ____________________
Method of delivery: ____________________
Delivered by: ____________________
- Clean PDF + editable Word (.docx)
- No watermark, print-ready on US Letter
- Download link emailed to you
One-time payment, secure checkout by Stripe. FairLetter is not a law firm and does not provide legal advice. Letters are templates you customize and send yourself.
How eviction notices work in South Dakota
South Dakota no longer has a statewide 3-day notice to quit. The statute that required it, SDCL § 21-16-2, was repealed in 2024. Under SDCL § 21-16-1, a landlord may bring an eviction action, called forcible entry and detainer, when a tenant fails to pay rent for three days after it is due, holds over after the lease ends, or does or fails to do something that ends the lease under its own terms. A month-to-month tenancy ends with notice given at least one month before the end of the rental period.
Even without a statutory pre-filing notice, a written notice is still good practice and the lease may require one. It should state the rent owed or the lease term that was broken and the date by which the tenant must act. For a tenancy at will, SDCL § 43-8-8 requires written notice of at least 15 days, delivered to the tenant or a person of discretion living there, or posted on the premises if neither can be found.
The landlord files a verified complaint, which is served with a summons in circuit court or magistrate court. The tenant has five days after service to appear and answer, and the case can be tried on two days' notice after that. If the landlord wins, the judgment is for possession. A residential landlord who unlawfully removes or excludes a tenant, or cuts off utilities, can owe the tenant two months' rent in damages under SDCL § 43-32-6.
What to do, step by step
Check your state and local rules first
Look up the notice period, required wording and delivery method for your state, county and city. Many places set different periods for unpaid rent, lease violations and ending a tenancy, and some cities add their own just-cause rules.
Fill in the notice
Answer the questions above. Name every adult tenant on the lease, state the facts plainly and enter the exact number of days your rules require.
Serve it the way your state requires
States specify how a notice must be delivered — commonly hand delivery, leaving it with an adult at the home, posting and mailing, or certified mail. A notice served the wrong way may have to be redone.
Record how and when you served it
Write down the date, time, method and who delivered it, and keep a copy of the notice. Courts often ask for this proof of service.
Wait out the full notice period
Don't change the locks, remove belongings or shut off utilities. If the tenant fixes the problem, accept it as your rules require; if not, the next step is filing an eviction case in court.
What if the tenant doesn't respond to the notice?
An eviction notice is not an eviction. It is the written warning most states require before you can go to court. If the notice period ends and the tenant hasn't paid, fixed the violation or moved out, the next step is to file an eviction case — often called an unlawful detainer or summary possession case — with your local court.
Until a judge rules in your favor and a court officer such as a sheriff or marshal carries out the order, the tenant has the right to stay. Changing the locks, removing the tenant's belongings, cutting off utilities or otherwise forcing them out is a so-called self-help eviction, which is illegal in nearly every state and can expose you to damages.
Courts look closely at the notice itself. If the period was too short, the wording missed something your state requires or it was delivered the wrong way, the case can be dismissed and you may have to start over. Your local court's self-help center or a landlord association can tell you what your court expects.
Example South Dakota eviction notice
A filled-in sample with made-up details, so you can see the finished result.
Greenway Rentals LLC
PO Box 2210, Lakeview, MN 55401 · (555) 201-4478
October 5, 2026
To: Taylor Brooks and Jamie Brooks
and all other occupants of
56 Willow St, Unit 3, Lakeview, MN 55402
Re: Notice to pay rent or quit — 56 Willow St, Unit 3, Lakeview, MN 55402
Dear Taylor Brooks and Jamie Brooks,
This letter is formal written notice to you as the tenant of the property at 56 Willow St, Unit 3, Lakeview, MN 55402. Type of notice: Notice to pay rent or quit.
The reason for this notice is as follows:
Rent of $1,450 for the month of September 2026, due on September 1, 2026, has not been paid, despite a reminder sent by email on September 10.
The total amount of rent now due is $1,450.00.
Within 14 days after this notice is delivered to you, you must pay the full amount of rent owed or move out of the property. If this notice is delivered to you on October 5, 2026, that period ends on October 19, 2026.
This notice is given in connection with South Dakota Codified Laws § 21-16-1, under which a landlord may recover possession only through a forcible entry and detainer action in court.
If you do not do so within that time, I intend to file an eviction case with the court to recover possession of the property. You will have the opportunity to respond in court, and you may not be removed from the property unless a court orders it. I will not remove you or your belongings or change the locks without a court order.
If you have questions about this notice, or wish to discuss payment or resolving the issue, please contact me in writing at the address above.
Sincerely,
Greenway Rentals LLC
Date this notice was delivered: ____________________
Method of delivery: ____________________
Delivered by: ____________________
Frequently asked questions
Does South Dakota still require a 3-day notice to quit?
No. SDCL § 21-16-2, the 3-day notice statute, was repealed in 2024. An eviction action can be brought once rent is three days past due, though a written demand first, and any notice the lease requires, is still wise.
Does a South Dakota tenant get time to fix a lease violation?
State law does not set a general cure period. An action can be brought if the tenant does or fails to do something that ends the lease under its terms, so check the lease for any notice or cure period and follow it.
How do I end a month-to-month tenancy in South Dakota?
Give notice at least one month before the end of the rental period, under SDCL § 43-32-15. Otherwise the tenancy renews for another period. Put the notice in writing and state the date the tenancy ends.
How quickly does a South Dakota eviction move?
The tenant has five days after service of the summons to appear and answer, and the case can be tried on two days' notice after the issues are set. Continuances over 14 days require the tenant to post security for accruing rent.
How much notice do I have to give a tenant?
It depends on your state, sometimes your city, the type of notice and the lease. Periods for unpaid rent can be as short as a few days or as long as a month, and notices ending a month-to-month tenancy are often 30 days or more. Check your state's landlord-tenant law and any local ordinance before serving.
Is an eviction notice the same as being evicted?
No. A notice only starts the process. If the tenant doesn't comply, the landlord must file a case in court and win a judgment. Only a court order, carried out by a sheriff, marshal or similar officer, can legally remove a tenant from the property.
FairLetter is not a law firm and does not provide legal advice. Letters are templates you customize and send yourself.