How to Serve an Eviction Notice in South Dakota

How to Serve an Eviction Notice in South Dakota

Last Updated: April 14, 2023 by Marnie Snyder

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

A landlord can deliver notices in South Dakota using any of the below acceptable methods:

  1. Handing the notice to the tenant in person (make at least two (2) attempts to deliver the notice in person);
  2. Handing the notice to a person of suitable age and discretion AND mailing the notice by first class mail with a certificate of mailing;
  3. Posting the notice to a conspicuous place at the premises AND mailing the notice by first class mail with a certificate of mailing.

When sending the notice by first class mail, add three (3) calendar days to the notice period to account for variability in post office 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 & 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