South Dakota Eviction Process

South Dakota Eviction Process

Last Updated: July 5, 2024 by Roberto Valenzuela

Evicting a tenant in South Dakota can take around 5 weeks to 3 months, depending on the reason for the eviction. If tenants request a jury trial, the process can take longer.

Grounds for an Eviction in South Dakota

In South Dakota, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:

  • Not paying rent on time
  • Staying after the lease ends
  • Violating lease terms
  • Sale of the rental unit
  • False claims for service animals

Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.

Grounds Notice Period Curable?
Nonpayment of Rent 3 Days No
End of Lease or No Lease 1 Month No
Lease Violation None No
Sale of Rental 3 Days No
False Claims for Service Animals None No

Nonpayment of Rent

In South Dakota, a landlord can evict a tenant for not paying rent on time. Unlike most states, South Dakota lets a landlord file in court for eviction with no notice to the tenant. A landlord may file as soon as any portion of the rent remains unpaid, beginning the day after it’s normally due (unless the lease provides other terms).

South Dakota landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.

example

If rent is due on September 1st, it will be considered late starting on September 2nd, unless the lease specifically states there is a grace period.

End of Lease or No Lease

In South Dakota, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, they must first terminate the tenancy by giving a proper 30-day notice to move out.

Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.

Lease Violations

In South Dakota, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under South Dakota landlord-tenant law. No prior notice is required and the landlord may immediately file an eviction action. Landlords are not required to allow the tenant to fix the issue and the tenant must move out.

Examples of lease violations include:

  • Having an unauthorized pet, guest or vehicle
  • Parking in an unauthorized area
  • Not maintaining a certain level of cleanliness
  • Illegal activity
  • Committing waste

Sale of Rental Unit

In South Dakota, a landlord can evict a tenant if the rental property is being sold and the tenancy will not continue under the new owner. To do so, landlords must provide a 3 days’ notice to move out. Tenants do not have the option to stay and must vacate the dwelling unit.

If the tenant remains on the property after the notice period expires, the landlord may continue with the eviction process.

Falsely Claiming to Need a Service Animal

In South Dakota, landlords can evict a tenant if they falsely claim that they have a disability which requires the use of a service animal. It is unclear under South Dakota state law how much prior written notice, if any, is required before landlords can begin the eviction process in this instance.

If the tenant remains on the property, the landlord may continue with the eviction process. Tenants do not have the option to stay and must vacate the dwelling unit.

Illegal Evictions in South Dakota

In South Dakota, there are a few different types of evictions that are illegal. If found liable, the landlord could be required to pay the tenant damages sustained in an amount equal to 2 month’s rent, plus any advance rent and deposits paid.

“Self-Help” Evictions

A landlord is not allowed to forcibly remove a tenant by:

  • Changing the locks
  • Shutting off utilities
  • Diminishing services
  • Removing tenant belongings

A tenant can only be legally removed with a court order obtained through the formal eviction process.

Retaliatory Evictions

It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:

  • Complaining about a building or housing code that materially affects health and safety to the landlord or any authority tasked to enforce the law
  • Complaining to the landlord of a condition requiring a repair
  • Pursuing a legal right for the landlord to remedy habitability issues

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Eviction notice posted on iPropertyManagement.com

In South Dakota, all evictions follow the same process:

  1. Landlord serves tenant written notice of violations
  2. Landlord files complaint with court for unresolved issues
  3. Answer is filed
  4. Court holds hearing and issues judgment
  5. Execution for Possession is issued
  6. Possession of property is returned to landlord

Step 1: Landlord Serves Notice to Tenant (Where Required)

A landlord can begin the eviction process in South Dakota by serving the tenant with written notice. South Dakota landlords may deliver a lease termination notice using any of these methods:

  1. Hand delivery to the other party
  2. Hand delivery to a person of discretion on the property who can accept the notice on behalf of the other party
  3. Only if no form of hand delivery is possible: Posting the notice in a conspicuous place on the premises
    tip

    Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.

    Nonpayment of Rent / Holding Over After Lease Termination

    Unlike most states, in South Dakota, a landlord does not have to provide advance notice to a tenant before filing eviction in court for nonpayment of rent or holding over (failing to move out after proper lease termination).

    1-Month Notice To Quit

    For a tenant with no lease or a month-to-month lease in South Dakota, the landlord must serve them a 1-Month Notice To Quit to end the tenancy. This eviction notice allows the tenant 1 month to move out.

    However, for tenants that don’t pay monthly, the amount of notice differs:

    Rent Payment Frequency Notice Amount
    Week-to-Week 7 Days
    Month-to-Month 1 Month

    Note, if the at-will tenant is an active military service member or if their immediate family member is an active military service member, the tenant is entitled to two months’ notice.

    Immediate Notice To Quit

    In South Dakota, a landlord can evict a tenant for a lease violation or for a tenant falsely claiming needing a service animal. In these instances, no prior notice is necessary, and the landlord may immediately proceed with filing an eviction lawsuit with the appropriate court. The landlord does not need to give the tenant an option to fix the issue and the tenant must move out.

    Eviction Complaint Filed on iPropertyManagement.com

    Step 2: Landlord Files Lawsuit with Court

    As the next step in the eviction process, South Dakota landlords must file a complaint in the appropriate Circuit Court or Magistrate Court. In the state of South Dakota, the filing fee is $70.

    The summons and complaint may be served on the tenant by a sheriff constable of the county or anyone authorized by South Dakota law. There should be at least two service attempts made that are at least one week apart and both attempts shall be made within 30 days of the date the summons was issued by the court.

    Service can be made through one of the following methods:

    1. Giving a copy to the tenant in person
    2. Publishing a copy in a local paper
    3. Leaving a copy with someone at the rental unit
    4. Posting a copy in a conspicuous place on the rental unit AND mailing a copy via first class mail
    note

    The summons and complaint must be served on the tenant within 30 days of the date the summons is issued by the court.

    Eviction Answer Filed on iPropertyManagement.com

    Step 3: Answer is Filed

    South Dakota tenants are required to file a written answer with the court if they want to contest, or object to, the eviction hearing.

    The answer must be filed within 5 days of the date the summons was served on the tenant. If the summons was served by publication, the tenant’s answer must be served within 30 days of the date the summons was published in the local paper.

    Tenants may request up to a 14-day continuance if they cannot file a written answer within the 5- or 30-day deadline.

    If tenants fail to file a written answer with the court, the judicial officer may issue a default judgment in favor of the landlord, meaning the tenant would have to move out of the rental unit without being able to attend an eviction hearing.

    note

    A tenant’s answer must be filed within 4-30 days, depending on how the summons was served on the tenant. If tenants request a continuance, this could add another 14 days to the process.

    Eviction Court Hearing on iPropertyManagement.com

    Step 4: Court Holds Hearing and Issues Judgment

    The eviction hearing may be scheduled as soon as 2 days after the tenant’s answer is filed with the court.

    If the tenant fails to appear for the hearing, the judicial officer may issue a default judgment in favor of the landlord, meaning the tenant will have to move out.

    Either the landlord or tenant can request a jury trial, but this will add more time to the process.

    If the judge rules in favor of the landlord, an Execution for Possession will be issued and the eviction process will continue.

    note

    The eviction hearing may be held two days after the tenant’s answer is filed with the court.

    Step 5: Execution for Possession is Issued

    The Execution for Possession is the tenant’s final notice to leave the rental unit and gives them the opportunity to remove their belongings before the sheriff returns to the property to forcibly remove the tenant.

    If the court has ruled in the landlord’s favor, the court will issue an Execution for Possession. South Dakota state law doesn’t specify how quickly the Execution for Possession will be issued after the ruling in favor of the landlord.

    Eviction property possession returned on iPropertyManagement.com

    Step 6: Possession of Property is Returned

    South Dakota state law doesn’t specify how quickly the Execution for Possession must be enforce once it is received by law enforcement officials; however, the writ can only be served during the daytime.

    South Dakota Eviction Process Timeline

    In South Dakota, an eviction can be completed in 5 weeks to 3 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.

    Below are the parts of the South Dakota eviction process outside the control of landlords for cases that go uncontested.

    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 South Dakota Eviction Process

    South Dakota Eviction Process Flowchart on iPropertyManagement.com

    South Dakota Eviction Court Fees

    The average cost of an eviction in South Dakota for 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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    Sources