A South Dakota 3 Day Notice To Quit is a letter which notifies a tenant of a landlord’s intention to begin eviction for nonpayment of rent. The tenant is asked to pay the balance due or move out within three (3) judicial days (i.e., not counting weekends or legal holidays) of receiving notice.
When To Use a South Dakota 3 Day Notice To Quit
A South Dakota 3 Day Notice To Quit provides notice of a landlord’s intention to begin the eviction process when the tenant is late on rent.
Some types of South Dakota lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a South Dakota 3 Day Notice To Quit
To help ensure the legal compliance of a Notice To Quit:
- Use the full name of the receiving party, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis for terminating the tenancy, and payment required to avoid termination
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a South Dakota 3 Day Notice To Quit
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
Sources
- 1 S.D. Cod. L. §21-16-1(4) - (7)
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(4) If a lessee in person or by subtenants holds over after the termination of his lease or expiration of his term, or fails to pay his rent for three days after the same shall be due;
(5) If a party continues in possession after a sale of the real property or occupied structure under mortgage, execution, order, or any judicial process, after the expiration of the time fixed by law for redemption, and after the execution and delivery of a deed or instrument of ownership;
(6) If a party continues in possession after a judgment in partition, or after a sale under an order or decree of a circuit court;
(7) If a lessee commits waste upon the leased premises, or does or fails to perform any act which, under the terms of the lease operates to terminate the same.
Source Link - 2 S.D. Cod. L. § 21-16-7
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Time for appearance by defendant.
The time for appearance and pleading shall be five days from the time of service on the defendant or thirty days after the publication of service under § 21-16-6.1, whichever occurs sooner. No adjournment or continuance shall be made for more than fourteen days, unless the defendant applying therefor shall give an undertaking to the plaintiff with good and sufficient surety to be approved by the court, conditioned for the payment of the rent that may accrue, together with costs if judgment be rendered against the defendant.
Source Link - 3 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.
Source Link