South Dakota Notice To Comply or Vacate

Last Updated: March 11, 2024 by Roberto Valenzuela

A South Dakota Notice To Comply or Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for a lease violation, such as failure to maintain health and safety on the premises. The landlord decides whether the tenant gets an opportunity to take corrective action. If the landlord declines, or the tenant fails to act, the tenant must move out by the date of termination.

When To Use a South Dakota Notice To Comply or Vacate

A South Dakota Notice To Comply or Vacate begins the eviction process for the following tenant violations:

  • Failure to maintain the rental unit in a clean and sanitary manner
  • Occupancy violations
  • Parking in an unauthorized are
  • Other lease violations
At the landlord’s discretion, the tenant may be allowed an opportunity to “cure” the violation (i.e., take corrective action). This is not a legal requirement. The landlord must also decide on a reasonable timeline for the tenant to cure or move out.

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 Notice To Comply or Vacate

To help ensure the legal compliance of a Notice To Comply or 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, and the corrective action(s) required to avoid termination
  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 Notice To Comply or Vacate

South Dakota landlords may deliver a Notice To Comply or Vacate using any of these methods:

  1. Hand delivery to the other party
  2. ONLY after two (2) attempts at hand delivery, at least six (6) hours apart, fail: Posting at a conspicuous place on the premises, PLUS delivery by first-class mail with a certificate of mailing, PLUS (if possible) leaving the notice with a person residing at the premises

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

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.