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
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:
- 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, and the corrective action(s) required to avoid termination
- 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 Notice To Comply or Vacate
South Dakota landlords may deliver a Notice To Comply or Vacate using any of these methods:
- Hand delivery to the other party
- 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.
Sources
- 1 SD Codified L § 43-32-18
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Termination of lease by landlord before end of agreed term–Use of premises by tenant contrary to agreement–Neglect of tenant to make repairs.
A landlord may terminate a lease and reclaim the premises before the end of the agreed term:
(1)When the tenant uses or permits a use of the premises in a manner contrary to the lease agreement; or
(2)When the tenant does not within a reasonable time after request make such repairs as he may be bound to make
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.
Source Link
