A South Dakota eviction notice form for nonpayment of rent is a written document that states a tenant has 3 days to vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in South Dakota.
Types of South Dakota Eviction Notices
Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.
Grounds | Time | Curable? |
---|---|---|
Unpaid Rent | 3-Day | No |
Lease Termination | 30-Day | No |
Sale of Rental Unit | 3-Day | No |
3-Day Notice to Quit (Nonpayment of Rent)
A landlord is allowed to evict a tenant for failing to pay rent on time.
According to South Dakota law, rent is considered late is if it not paid for 3 days after it’s due.
Once rent is past due, the landlord must provide tenants with a 3-Day Notice to Quit if the landlord wants to file an eviction action with the court. This notice gives the tenant 3 days to move out of the rental unit to avoid eviction.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The Eviction Notice for Nonpayment of Rent should include the total amount of past-due rent owed.
Get the downloadable 3-Day Eviction Notice for Nonpayment of Rent form template below (.pdf direct link).
30-Day Lease Termination Notice (No Lease/End of Lease)
In the state of South Dakota, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.
The amount of time required in the notice must be at least the amount of time given to pay rent (such as one week for week-to-week tenants), or 30 days, whichever is less.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The notice should include the date the tenancy will terminate.
Get the downloadable 30-Day Lease Termination Notice form template below (.pdf direct link).
3-Day Notice to Quit (Sale of Rental Unit)
In the state of South Dakota, if the rental property is being sold, and the tenancy will not continue under the new owner(s), landlords must provide their tenants with 3 days’ written notice prior to beginning the eviction process.
If the tenant remains on the property after the notice period expires, the landlord may continue with the eviction process.
The notice should include the date the tenancy will terminate.
Get the downloadable 3-Day Eviction Notice for Sale of Rental Unit form template below (.pdf direct link).
What to Include in South Dakota Eviction Notices
South Dakota law doesn’t specify what information must be on all eviction notices. However, it’s a good idea to include:
- The date the tenancy will terminate;
- The reason for the eviction; or
- The tenant’s name and contact information.
The landlord will also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand-delivered.
Delivering Eviction Notices in South Dakota
In the state of South Dakota, landlords can deliver an eviction notice through the following methods :
- Delivering it to the tenant in person;
- Posting the notice in a conspicuous place at the rental unit AND leaving a copy with someone at the rental unit AND mailing a copy to the tenant via first class mail; or
- Publishing a copy of the notice in a local newspaper.
Note that posting, mailing, and leaving a copy at the rental unit may only be done on the second service attempt, if giving the notice to the tenant in person could not be accomplished with the first service attempt.
Eviction Process in South Dakota
- An eviction notice is posted by the landlord to vacate or “cure” the issue.
- If uncured and tenant remains, the complaint is filed and served.
- An answer is filed.
- A hearing is held and judgment issued.
- If an eviction is granted, an Execution for Possession is posted at the property, giving final notice to the tenant to remove their belongings.
- Finally, the sheriff returns possession of the property to the landlord.
To learn more about the eviction process in South Dakota, click here.
Sources
- 1 SD Codified L §21-16-2 (2020)
-
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…
- 2 SD Codified L §21-16-2 (2020)
-
…may be served and returned in like manner as a summons is served and returned. On the second 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.
- 3 SD Codified L §21-16-6.1 (2020)
-
On the same day as the first attempted service…the plaintiff…may cause the summons to be published in a legal newspaper printed in the county where the subject property is located or in an adjacent county…
- 4 SD Codified L §21-16-1 (2020)
-
(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 SD Codified L §43-32-15 (2020)
-
A hiring of real property for a term not specified by the parties is deemed to be renewed as stated in § 43-32-14 at the end of the term implied by law unless one of the parties gives notice to the other of his intention to terminate the same at least as long before the expiration thereof as the term of the hiring itself, not exceeding one month.