In South Dakota, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in South Dakota?
In South Dakota, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in South Dakota?
In South Dakota, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a 3 Day Notice to Quit for nonpayment of rent, the eviction notice for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in South Dakota, rent is late starting the day after it’s due.
Acceptable Forms of Service in South Dakota
South Dakota landlords may deliver an eviction notice using any of these methods:
- Hand delivery to the tenant (making at least two (2) attempts to deliver notice in person, at least six (6) hours apart)
- Only if hand delivery to the tenant is not possible: Posting at a conspicuous place on the property, PLUS delivery by first class mail, PLUS (if possible) hand delivery to a person residing on the property
Mailed notice extends the notice period by three (3) calendar days, to account for variable delivery times.
Obtaining Proof of Service in South Dakota
Landlords can show proof that the notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- Posting at the Premises – by taking a photograph and completing a Declaration of Service
- First Class Mail – certificate of mailing and completing a Declaration of Service
South Dakota Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| 3 Day Notice To Quit | Eviction for Unpaid Rent |
| Notice To Comply or Vacate | Eviction for Lease Violation |
| 3 Day Notice To Vacate | Eviction for Failure to Vacate |
| 7 Day Notice To Vacate | Ending a Weekly Lease |
| 30 Day Notice To Vacate | Ending a Monthly / Yearly Lease |
Sources
- 1 SD Codified L § 21-16-2
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In all cases arising under subdivisions 21-16-1(4), (5), and (6), three days’ written notice to quit must be given to the lessee, subtenant, or party in possession, before proceedings can be instituted, and may be served and returned in like manner as a summons is served and returned. On the second service attempt, at least six hours after the previous service attempt, the notice to quit may be posted in a conspicuous place on the property, and also delivered to a person there residing, if such person can be found; and also sent by first class mail addressed to the tenant at the place where the property is situated.
Source Link - 2 SD Codified L § 15-6-6(e)
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15-6-6(e). Additional time after service by mail–Facsimile and electronic mail transmission service exempt.
Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him, or whenever such service is required to be made a prescribed period before a specified event, and the notice or paper is served by mail, three days shall be added to the prescribed period.
Source Link
