A South Dakota eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. South Dakota landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
Types of South Dakota Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| Notice to Comply or Vacate | Lease Violation | Yes |
| 30 Day Notice To Vacate | No Lease | No |
South Dakota Notice To Comply or Vacate
A South Dakota Notice To Comply or Vacate demands correction of a lease violation that is “curable,” i.e., the tenant gets a chance to fix the situation rather than be evicted. A curable lease violation might include failure to maintain health and safety on the rental property, interfering with the quiet enjoyment of neighbors, or refusal to allow lawful entry by the landlord.
The landlord has the choice of whether to allow the tenant an opportunity for corrective action. If the landlord decides not to let the tenant correct the situation, or the tenant refuses to take the necessary action, then the tenant must move out within the termination period specified.
South Dakota 30 Day Notice To Vacate
A South Dakota 30 Day Notice To Vacate terminates a rental agreement, including a month-to-month or year-to-year lease as well as an expired lease or a situation with no lease where the tenant pays rent monthly. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
How To Write an Eviction Notice in South Dakota
To help ensure the legal compliance of an eviction notice:
- Use the tenant’s full name and address
- Specify the lease violation as well as any balance due
- Specify the date of termination
- Print name and sign the notice, including the landlord’s address of record
- Note 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 Calculate Expiration Date in South Dakota
The “clock” for most eviction notice periods starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.
In South Dakota, an eviction notice period of fewer than eleven (11) days only counts judicial days.
How To Serve an Eviction Notice in South Dakota
South Dakota landlords may deliver a lease termination notice using any of these methods:
- Hand delivery to the other party
- Hand delivery to a person of discretion on the property who can accept the notice on behalf of the other party
- Only if no form of hand delivery is possible: Posting the notice in a conspicuous place on the premises
Sources
- 1 SD Codified L § 15-6-6(a)
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15-6-6(a). Computation of time.
In computing any period of time prescribed or allowed by this chapter, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday or, when the act to be done is the filing of a paper in court, a day on which weather or other conditions have made the office of the clerk of court inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. When the period of time prescribed or allowed is less than eleven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this rule, “legal holiday” includes those holidays listed in § 1-5-1.
Source Link - 2 S.D. Cod. L. § 21-16-7
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Time for appearance by defendant.
The time for appearance and pleading shall be five days from the time of service on the defendant or thirty days after the publication of service under § 21-16-6.1, whichever occurs sooner. No adjournment or continuance shall be made for more than fourteen days, unless the defendant applying therefor shall give an undertaking to the plaintiff with good and sufficient surety to be approved by the court, conditioned for the payment of the rent that may accrue, together with costs if judgment be rendered against the defendant.
Source Link - 3 S.D. Cod. L. § 43-8-9
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Manner of delivery–Posting on premises.
The notice prescribed must be in writing, and must be served by delivering the same to the tenant, or to some person of discretion residing on the premises; or if neither can, with reasonable diligence, be found, the notice may be served by affixing it on a conspicuous part of the premises, where it may be conveniently read.
Source Link
