South Dakota 3 Day Notice To Vacate

Last Updated: July 5, 2024 by Roberto Valenzuela

A South Dakota 3 Day Notice To Vacate is a letter which notifies a tenant of a landlord’s intention to begin eviction for a tenant failing to move out after the premises are sold or the lease ends. The tenant is asked to move out within three (3) days of receiving notice.

When To Use a South Dakota 3 Day Notice To Vacate

A South Dakota 3 Day Notice To Vacate provides notice from a landlord regarding 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
warning
As of 2024, South Dakota no longer requires a Notice To Vacate before a landlord files eviction for holding over. The landlord can file as soon as a tenant fails to move out, and the tenant will have five (5) days to file a response to the landlord’s allegations. The landlord has the option to provide a 3 Day Notice To Vacate before filing, but it is not a legal requirement.

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 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

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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