South Dakota landlords need to act quickly when rent goes unpaid or when lease terms are broken. As such, understanding the South Dakota eviction process and laws gives property owners the wherewithal to handle these situations correctly and protect their investments.
This guide outlines each step of the process, from identifying valid eviction reasons to issuing notices, filing with the court, and understanding key landlord-tenant laws.
How South Dakota Law Defines Eviction
In South Dakota, an eviction is the formal court process a landlord uses to remove a tenant from a rental property. Landlords must follow strict legal steps, including giving proper notice, filing the correct paperwork, and attending a court hearing before retaking possession.
You can find these laws in the South Dakota Codified Laws (SDCL) Chapters 21-16 and 43-32.
Eviction With Just Cause
In South Dakota, just cause means a legally valid reason for ending a tenancy. Common examples include unpaid rent, lease violations, property damage, or illegal activity on the rental property.
Landlords in South Dakota can evict tenants for just cause when those actions break the lease or violate state law. As always, the eviction must follow proper notice requirements and court procedures before the landlord can regain possession of the property.
For property owners, keeping detailed records is essential. Landlords should document rent payments, communications, and any lease violations to support their case if the eviction proceeds to court.
Applicable law: SDCL Chapter 43-32, SDCL Chapter 21-16
No-Fault Evictions
In South Dakota, landlords can choose not to renew a fixed-term lease upon expiration without providing a specific reason. When the lease term ends, the landlord may allow the agreement to expire naturally rather than renew or extend it.
For month-to-month rental agreements, South Dakota law requires landlords to give at least 30 days’ written notice before ending the tenancy without cause. This notice period gives tenants time to move while allowing landlords to adjust plans for the property.
Applicable law: SDCL § 43-32-13, SDCL Chapter 43-32
Grounds for Eviction in South Dakota
Landlords in South Dakota can remove tenants from a rental property only for legally valid reasons, including:
Applicable law: SDCL Chapter 21-16, SDCL Chapter 43-32
Non-Payment of Rent
In South Dakota, landlords must follow specific rules when tenants fail to pay rent on time. State law does not provide a mandatory grace period, so rent becomes overdue the day after the due date listed in the lease.
When payment is late, landlords can issue a 3-Day Notice to Quit. This notice gives the tenant 3 days to pay the full amount owed or leave the rental property. If the tenant does not comply, the landlord can file an eviction case in court.
Applicable law: SDCL § 21-16-1(4), SDCL Chapter 43-32
Lease Violations
A lease agreement outlines the terms that guide the relationship between landlords and tenants. When a tenant breaks those terms, landlords in South Dakota can take legal action to remove the tenant from the property.
For example, if a tenant receives repeated noise complaints from large parties, brings a pet into a rental that prohibits animals, or sublets the unit without written approval, they are breaching the agreement and give the landlord a valid reason to begin eviction proceedings.
Lease agreements protect both landlords and tenants by defining clear expectations. Landlords should review the lease with tenants at the start of the rental term to prevent confusion and reduce the risk of violations later on.
Applicable law: SDCL Chapter 43-32, SDCL Chapter 21-16
Illegal Use of the Premises
In South Dakota, landlords can remove tenants who use a rental property for any illegal purpose. Whether a tenant sells controlled substances, runs an unauthorized gambling operation, causes vandalism, or hides stolen property in their unit, the landlord will have grounds to begin eviction proceedings.
Landlords should keep detailed records of tenant behavior and notify law enforcement whenever criminal activity occurs. Accurate documentation and cooperation with authorities help ensure the eviction process follows the law and protects the property from further damage.
Applicable law: SDCL § 21-16-1(4), SDCL Chapter 43-32
Tenant Actions that Threaten Health or Safety
In South Dakota, landlords can evict tenants who cause unsafe or unsanitary conditions in a rental property. State law requires tenants to maintain a clean and safe home, use all facilities properly, and avoid actions that endanger others or damage the property.
Common examples of health and safety violations in South Dakota include:
- Allowing garbage or food waste to pile up and attract pests.
- Tampering with or disabling smoke detectors or fire alarms.
- Causing leaks, flooding, or mold through misuse or neglect.
Landlords should document the problem, notify the tenant in writing, and give the tenant a reasonable opportunity to correct it before filing for eviction. For a full explanation of tenant maintenance duties, see the Warranty of Habitability in South Dakota.
Applicable law: SDCL § 43-32-6, SDCL Chapter 21-16
Destruction or Neglect of the Rental Unit
Tenants must maintain the rental property in good condition and avoid causing damage beyond normal wear and tear. When a tenant intentionally or carelessly harms the property, the landlord can begin the eviction process under state law.
Landlords should collect solid evidence before taking action. Photos, inspection reports, repair receipts, and written statements from maintenance workers or neighbors can help prove the extent of the damage in court.
Applicable law: SDCL § 43-32-6, SDCL Chapter 21-16
Tenant is in a Month-to-Month Rental Contract
In South Dakota, landlords can end a month-to-month rental agreement at any time without giving a specific reason. To do so, the landlord only needs to deliver at least 30 days’ written notice using a 30-Day Notice to Quit.
If the tenant does not leave by the date listed in the notice, the landlord can move forward by filing an eviction case in court. Following these steps ensures the process remains legal and straightforward under state law.
Applicable law: SDCL § 43-32-13, SDCL Chapter 21-16
Step-by-Step Eviction Process in South Dakota
The eviction process in South Dakota follows a strict legal sequence that every landlord must complete in order. Each step protects both parties and ensures the eviction holds up in court.
To lawfully remove a tenant, landlords must follow the state’s required notices, filing procedures, and court hearings from start to finish. Here are the steps landlords must take:
1. Deliver Notice to the Tenant
The eviction process in South Dakota starts when a landlord identifies a valid reason to remove a tenant. The landlord must issue the correct notice that fits the situation and serve it in accordance with all legal requirements. Although South Dakota doesn’t require landlords to offer tenants a cure period for lease breaches, landlords may do so for minor infractions they consider forgivable.
For serious issues such as illegal activity, significant property damage, or behavior that threatens others, landlords may choose not to allow the tenant to cure the violation. In these cases, the landlord may move forward with eviction once the notice period ends. South Dakota law allows landlords to serve notice in person, leave it with someone of suitable age at the residence, or post it clearly on the property if direct delivery is not possible.
Notice Forms & Timelines
- 3-Day Notice to Quit for Nonpayment of Rent: Used when a tenant fails to pay rent. The tenant has 3 days to pay the full amount or move out before the landlord can file for eviction.
- 3-Day Notice to Quit for Illegal Activity or Serious Lease Violations: Used when a tenant commits an unlawful act or causes significant property damage. The tenant must vacate within 3 days.
- 30-Day Notice to Quit for Month-to-Month Tenancies: Used to end a month-to-month tenancy without cause. The landlord must provide at least 30 days’ written notice before termination.
Applicable law: SDCL § 21-16-1, SDCL § 43-32-13
2. File an Eviction Lawsuit Against the Tenant
If the notice period ends, and the tenant still has not complied, the landlord will file a Forcible Entry and Detainer action in the South Dakota circuit court for the county where the rental property is located. The landlord will need to submit a verified complaint that explains the reason for eviction and attach copies of the lease, the notice served to the tenant, and proof of delivery.
The landlord will pay a filing fee that typically ranges from $70 to $100, depending on the county. After the paperwork is filed, the court clerk will set a hearing date and notify both sides. The landlord should gather all supporting evidence, such as payment records, inspection photos, and correspondence, to present during the court hearing.
Applicable law: SDCL § 21-16-1, SDCL § 21-16-2
3. Serve Court Summons Paperwork to the Tenant
Once the South Dakota circuit court clerk sets a hearing date, the landlord will arrange for the sheriff or a licensed private process server to hand-deliver the summons, verified complaint, and notice of hearing to the tenant. The person serving the paperwork will complete a Proof of Service form, which the landlord will file with the court to show the tenant received proper notice as required by state law.
After receiving the summons, the tenant does not need to file a written response before the court date. Instead, they need to appear in court on the assigned day to present their case. Both the landlord and the tenant must attend the hearing to resolve the eviction matter before the judge.
Applicable law: SDCL § 21-16-6, SDCL § 21-16-7
4. Attend the Eviction Hearing
When the court date arrives, both the landlord and tenant, or their attorneys, will appear before a South Dakota circuit court judge. Each party will present their side of the case, sharing details about rent payments, lease violations, or other issues that led to the eviction.
The judge will review all evidence and may request additional documents, photos, inspection reports, or witness testimony. Both the landlord and tenant will have the chance to respond to questions and clarify key details before the judge considers the facts of the case.
Applicable law: SDCL § 21-16-8, SDCL § 21-16-9
5. Court Reaches a Ruling
After reviewing the evidence and hearing from both sides, the South Dakota circuit court judge will decide the case. Most eviction rulings are issued on the same day as the hearing, though some courts may take a few days to issue a written judgment.
If the judge rules in favor of the tenant, the tenant will be allowed to remain in the rental property and may recover court costs (if the judge allows). If the judge rules in favor of the landlord, the court will issue a Judgment for Possession, which allows the landlord to request a Writ of Execution to remove the tenant. A tenant who disagrees with the ruling will have 30 days to file an appeal under South Dakota law.
Applicable law: SDCL § 21-16-10, SDCL § 21-16-11
6. Judge Issues a Writ of Execution
Once the landlord has a Writ of Execution, the county sheriff will have the authority to remove the tenant from the property if the tenant does not move out by the court-ordered deadline. The writ officially returns possession of the property to the landlord and serves as the final step before enforcement begins.
Once the Writ of Execution is issued, the landlord will contact the sheriff’s office to schedule the eviction. The sheriff will deliver the writ to the tenant and provide a short period to vacate.
Applicable law: SDCL § 21-16-12, SDCL § 21-16-13
7. Law Enforcement Executes the Writ of Execution
If the deadline passes and the tenant still refuses to leave, the county sheriff (and not the landlord) will enforce the Writ of Execution. Once the process is complete, the landlord will officially regain full possession of the rental property.
When tenants leave personal belongings behind, South Dakota law requires landlords to store those items for 30 days. During that period, the landlord must make reasonable efforts to contact the tenant. After 30 days, the landlord may sell or dispose of the property and apply any proceeds toward unpaid rent or storage expenses.
Applicable law: SDCL § 43-32-25, SDCL § 21-16-13
Tenant Defense Against Eviction in South Dakota
An eviction can impact every part of a tenant’s life. Losing stable housing may affect a tenant’s job, family life, and future rental prospects. Even in these difficult moments, tenants in South Dakota have rights that allow them to respond and defend themselves in court.
Tenants facing eviction can act quickly by communicating with the landlord, keeping proof of payments, and addressing lease concerns immediately. Attending the court hearing gives tenants the chance to explain their situation and, sometimes, reach an agreement that benefits both parties.
When a tenant feels unsure about the process, they can reach out for affordable legal help. East River Legal Services offers free or low-cost legal support to qualifying residents throughout South Dakota.
Timelines to Expect
In South Dakota, an eviction can take 5 weeks to 3 months, but may take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session, and other possible delays.
Below are the parts of the South Dakota eviction process that are outside landlords’ control for uncontested cases.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 0-31 Calendar Days |
| Court Issuing/Serving Summons | 30 Business Days |
| Tenant Response Period | 5-30 Business Days |
| Court Ruling | 2 Business Days |
| Court Serving Execution of Possession | ~1-3 Business Days |
| Final Notice Period | ~1-3 Calendar Days |
Flowchart of the South Dakota Eviction Process
Typical Court Fees
The average cost of an eviction in South Dakota, including all filing, court, and service fees, is $220. Eviction cases can be filed in Circuit Court or Magistrate Court, and the filing fees are the same in both courts.
| Fee | Circuit/Magistrate |
| Initial Court Filing | $70 |
| Summons Service | $50+ |
| Execution for Possession Issuance | $5 |
| Execution for Possession Service & Enforcement | $95 |
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