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:
- 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
- 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 Vacate
South Dakota landlords may deliver a Notice To Vacate using any of these methods:
- Hand delivery to the tenant (making at least two (2) attempts to deliver notice in person, at least six (6) hours apart)
- 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.
Sources
- 1 SD Codified L § 21-16-1
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If a lessee in person or by subtenants holds over after the termination of his lease or expiration of his term. 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 for three days after the same shall be due.
Source Link - 2 SD Codified L § 21-16-2
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In all cases arising under subdivisions 21-16-1(4), (5), and (6), three days’ written notice to quit must be given to the lessee, subtenant, or party in possession, before proceedings can be instituted, and may be served and returned in like manner as a summons is served and returned. On the second service attempt, at least six hours after the previous service attempt, the notice to quit may be posted in a conspicuous place on the property, and also delivered to a person there residing, if such person can be found; and also sent by first class mail addressed to the tenant at the place where the property is situated.
Source Link - 3 South Dakota Court Rules of Civil Procedure - Rule 15-6-6(e)
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15-6-6(e). Additional time after service by mail–Facsimile and electronic mail transmission service exempt.
Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him, or whenever such service is required to be made a prescribed period before a specified event, and the notice or paper is served by mail, three days shall be added to the prescribed period.
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