South Dakota Eviction Notice Templates

A South Dakota eviction notice is a written notice explaining a tenant’s lease violation. It provides the required notice before court involvement. The tenant must comply or vacate the rental unit.

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Last updated January 26th, 2026

A South Dakota eviction notice is a written notice explaining a tenant’s lease violation. It provides the required notice before court involvement. The tenant must comply or vacate the rental unit.

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By Type

Pay or Quit – Notifies the tenant that rent has not been paid.

Cure or Quit – Used for lease violations.

Termination of Month-to-Month Tenancy (30-Day Notice) – Ends a month-to-month tenancy with notice.

Notice to Quit for Illegal Activity – Applies to unlawful conduct.

Eviction Laws

South Dakota law sets different notice rules depending on the reason for eviction.

  • Rent Grace Period: Three days after the due date.[1]
  • Non-Payment of Rent: Immediate.[1]
  • Lease Non-Compliance: Immediate, but within a reasonable time.[2]
  • Termination of Month-to-Month Tenancy: One month.[3]
  • Eviction Lawsuit Type: Forcible entry and detainer.[4]

Notices should clearly state the violation and give the tenant the required opportunity to comply or vacate when applicable.

 

Prohibited Landlord Actions

South Dakota law prohibits landlords from removing tenants without going through the court process.

Utility Shutoff: If a landlord willfully interrupts essential services, such as electricity, gas, or water, the tenant may:

  • Sue the landlord
  • Terminate the rental agreement
  • Recover up to two months’ rent in damages.[5]

Changing the Locks: If a landlord unlawfully removes or excludes a tenant from the property without a court order, the tenant may:

  • Sue the landlord
  • Terminate the rental agreement
  • Recover up to two months’ rent in damages.[5]

 

How to Evict a Tenant in South Dakota (Step-by-Step)

Step 1: Provide Notice to the Tenant

Before going to court, the landlord must notify the tenant of the lease violation and how much time they have to correct the issue or move out.

Step 2: File Court Forms and Serve the Tenant

If the tenant does not comply, the landlord may file a Summons and Complaint with the local magistrate or circuit court. The tenant must then be formally served.

The filing fee is $70.[6]

Step 3: Receive a Court Judgment

After service, the tenant has four days to respond. If the tenant fails to respond or the landlord wins, the court will issue a Judgment for Possession.

Step 4: Obtain an Execution of Possession (If Needed)

If the tenant still does not leave, the landlord may request an Execution for Possession, allowing the sheriff to remove the tenant from the property.

 

Court Forms & Resources

South Dakota does not provide eviction forms online. All documents must be obtained from the local magistrate or circuit court where the rental property is located.

  • Summons and Complaint
     Filed by the landlord to begin a forcible entry and detainer action.
  • Judgment for Possession
     Issued by the court if the landlord prevails, confirming possession of the property.
  • Execution for Possession
    Authorizes the sheriff to remove the tenant if the tenant remains after eviction.

Sources

  1. § 21-16-1(4)
  2. § 43-32-18
  3. § 43-32-15
  4. § 21-16-1 – 21-16-12
  5. § 43-32-6
  6. South Dakota Unified Judicial System – Checklist for Eviction Action