South Dakota Eviction Notice Requirements

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 The statute that required it, SDCL § 21-16-2, was repealed in 2024.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.