Landlords should familiarize themselves with the statewide rules and procedures that govern evictions in the state of South Dakota and understand their responsibilities.
Quick Facts for South Dakota
- Grounds for Eviction: Failure to pay rent, failure to vacate at the end of rental agreement, lease term violations & illegal behavior
- Notice Required for Nonpayment of Rent: 3-Day Notice to Pay Rent or Quit
- Notice Required for Eviction without Cause: 30-day Notice to Quit for monthly tenants
- Notice Required for Lease Violations: 3-Day Notice to Quit
- Fastest a Landlord Can Evict for Illegal Acts: 3 days, via Notice to Quit
How Long Does it Take to Evict a Tenant in South Dakota?
Although the eviction process is more straightforward, and less time consuming in the state of South Dakota than it is in many other states, it remains a multi-step legal process and is therefore unpredictable and often time consuming. The state requires that the landlord begin this process by serving his/her tenant with a written 3-Day Notice to Quit.
When the landlord is seeking to evict a month-to-month “at-will” tenant, a 30-Day Notice to Quit must be provided.
Ultimately, the amount of time it takes to evict a tenant in the state of South Dakota, will depend upon the type of tenant the landlord is seeking to evict as well at the tenant’s willingness to fight the eviction process.
Reasons for Eviction in South Dakota
The state of South Dakota has established a set of reasons for which a landlord may legitimately seek to evict a tenant, including:
- Failure to pay rent
- Failure to move from the property at the end of the rental agreement
- Causing a substantial amount of damage to the rental property
- Using the property for illegal activity
- Violating the terms of the lease
Eviction for Failure to Pay Rent
In the state of South Dakota, a landlord is required to serve his/her tenant with a written 3-Day Notice to Pay Rent or Quit.
Eviction if Rent has Been Paid
In the state of South Dakota, a landlord may evict without cause a tenant who is renting without the benefit of a written lease. When seeking to regain property from a month-to-month “at-will” tenant, the landlord must first provide the tenant with a written 30-day Notice to Quit.
Evicting a Tenant For Violation of Rental Agreement/Lease
If a tenant has violated the terms of the lease or rental agreement in a substantial way, the landlord must provide a written 3-Day Notice to Quit.
Evicting a Tenant for Illegal Behavior
When the tenant has used the rental property for illegal activity or caused substantial damage to the property, the landlord may serve the tenant with a written 3-Day Notice to Quit.
How Does a Landlord Evict a Tenant in South Dakota When There is no Lease?
A landlord may evict an “at-will” tenant without cause. To do this he/she must provide first provide the tenant with a written 30-Day Notice to Quit.
When Can a Tenant Not Be Evicted in South Dakota?
In the state of South Dakota, it is illegal for a landlord to attempt to evict a tenant as a form of retaliation for exercising his/her rights. It is also illegal for a landlord to seek to evict a tenant based on his/her race, religion, age, nation of origin, familial status, gender, or disability status.
Once a Notice Expires
The landlord may file a Summons and Complaint for Forcible Entry and Detainer with the magistrate or circuit court with jurisdiction over the rental property. The tenant must be served by a process server and the hearing will take place between four and 30 days after the summons date.
If the tenant fails to attend the hearing, the judge may provide a default judgment in favor of the landlord.
Once Eviction Occurs
If the judge rules in favor of the landlord, the court will provide a date upon which the tenant must vacate the property. If the tenant continues to remain on the property after this date, the landlord may seek an Execution for Possession. This order is provided to the sheriff who will physically remove the tenant from the rental property.
Make sure to read the South Dakota Codified Laws Chapter 21-16 before starting the eviction process. Landlords should make sure to educate themselves on their rights and responsibilities on this topic.