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.
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 a lease termination notice using any of the following methods:
- Hand delivery to the other party
- Hand delivery to a person of discretion on the property who can accept the notice on behalf of the other party
- Only if no form of hand delivery is possible: Posting the notice in a conspicuous place on the premises
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
South Dakota Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| Notice To Comply or Vacate | Eviction for Lease Violation |
| 7 Day Notice To Vacate | Ending a Weekly Lease |
| 30 Day Notice To Vacate | Ending a Monthly / Yearly Lease |
Sources
- 1 S.D. Cod. L. § 43-8-9
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Manner of delivery–Posting on premises.
The notice prescribed must be in writing, and must be served by delivering the same to the tenant, or to some person of discretion residing on the premises; or if neither can, with reasonable diligence, be found, the notice may be served by affixing it on a conspicuous part of the premises, where it may be conveniently read.
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