South Dakota 3 Day Notice To Vacate

Last Updated: January 30, 2024 by Roberto Valenzuela

South Dakota 3 Day Notice to Vacate_1 on iPropertyManagement.com

A South Dakota 3 Day Notice To Vacate is a letter which complies with state legal standards to begin eviction against a tenant failing to move out after the premises are sold or the lease ends. The tenant must 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 Vacate

A South Dakota 3 Day Notice To Vacate begins the eviction process for the following tenant violations:

  • Failing to move out at end of the lease term (also known as “holding over”/”holdover tenancy”)
  • Failing to move out after proper notice regarding the sale of the premises

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 Vacate

To help ensure the legal compliance of a Notice To Vacate:

  1. Use the full name of the receiving party, and address of record, if known
  2. Specify the termination date of the lease or tenancy
  3. Specify the basis for terminating the tenancy
  4. Fill in the full address of the rental premises
  5. Provide updated/current address and phone number information
  6. Print name and sign the notice
  7. 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 Vacate

South Dakota landlords may deliver a Notice To Vacate using any of these methods:

  1. Hand delivery to the other party
  2. ONLY after two (2) attempts at hand delivery, at least six (6) hours apart, fail: Posting at a conspicuous place on the premises, PLUS delivery by first-class mail with a certificate of mailing, PLUS (if possible) leaving the notice with a person residing at the premises

To account for variable delivery times, mailed notice extends the notice period by three (3) calendar days.

note
In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.

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