South Dakota 3 Day Notice To Vacate

Last Updated: March 11, 2024 by Roberto Valenzuela

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 tenant (making at least two (2) attempts to deliver notice in person, at least six (6) hours apart)
  2. Only if hand delivery to the tenant is not possible: Posting at a conspicuous place on the property, PLUS delivery by first class mail, PLUS (if possible) hand delivery to a person residing on the property

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

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.