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🏛️ Courthouse Information and Locations for South Dakota

South Dakota Eviction Laws: Notice Requirements, Process, and Timelines

South Dakota handles evictions through Circuit Court or Magistrate Court using “Forcible Entry and Detainer” proceedings governed by South Dakota Codified Laws (SDCL) Chapters 21-16 and 43-32. Important 2024 changes: Senate Bill 90 repealed the mandatory 3-day notice requirement for nonpayment—landlords can now file immediately after rent is late. Senate Bill 89 reduced month-to-month termination notice from 30 days to 15 days. South Dakota is now one of the most landlord-friendly states in the country. Below you’ll find everything landlords need to know.

South Dakota Eviction Laws

Comprehensive guide to South Dakota's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Circuit Court or Magistrate Court - Forcible Entry and Detainer (SDCL Ch. 21-16).

⚡ Quick Overview

3 (optional notice; landlord can file complaint directly after rent is 3+ days late per SB 90 2024)
Days Notice (Nonpayment)
0 (immediate if lease provides); 3 (holdover/waste/criminal activity)
Days Notice (Violation)
14-35
Avg Total Days
$$70-95
Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type 3-Day Notice to Quit and Vacate (optional per SB 90 2024 repeal; landlord may file directly)
Notice Period 3 (optional notice; landlord can file complaint directly after rent is 3+ days late per SB 90 2024) days
Tenant Can Cure? Limited - tenant can pay within 3-day notice period if landlord issues one; but SB 90 (2024) removed mandatory notice requirement for nonpayment
Days to Hearing 5-10 (tenant has 5 days to file answer after service of summons; hearing scheduled after answer) days
Days to Writ Immediate after judgment (Execution for Possession issued) days
Total Estimated Timeline 14-35 days
Total Estimated Cost $150-400
⚠️ Watch Out

CRITICAL 2024 CHANGE: SB 90 repealed SDCL 21-16-2 (notice to quit requirement). Landlords NO LONGER required to give statutory 3-day notice before filing eviction for nonpayment. Can file FED complaint directly once rent is 3+ days late. However, CHECK LEASE - if lease requires notice, landlord must honor contract term. SB 89 (2024) changed month-to-month (tenancy at will) termination from 30 days to 15 days. SB 90 also changed summons response time from 4 days to 5 days. Lease violations: landlord can file immediately if lease provides for immediate termination upon violation (§ 21-16-2 pre-repeal allowed this; now even more streamlined). Very landlord-friendly state. Fraudulent service animal claims = grounds for immediate eviction (§ 43-32-36).

📜 Eviction Laws Main 📊 Compare This State

📋 Lease Violation

Notice Type Immediate Filing (if lease provides for termination upon violation) / 3-Day Notice to Quit (holdover/waste/criminal)
Notice Period 0 (immediate if lease provides); 3 (holdover/waste/criminal activity) days
Tenant Can Cure? No - South Dakota does not require cure opportunity for lease violations. Landlord can file immediately if lease provides for termination upon violation.
Days to Hearing 5-10 days
Days to Writ Immediate after judgment days
Total Estimated Timeline 14-30 days
Total Estimated Cost $150-400
⚠️ Watch Out

VERY landlord-friendly for violations. No cure period required. If lease has termination clause for violations, landlord can file immediately without any notice. Waste/substantial damage: immediate filing. Criminal activity/illegal drug use: 3-day unconditional quit. Holdover after lease: 3-day quit (or 15-day for tenancy at will per SB 89). Fraudulent service animal documentation = immediate eviction (§ 43-32-36). Month-to-month: 15 days notice (changed from 30 by SB 89, 2024).

📜 Eviction Laws Main 📊 Compare This State

📬 Service of Process

Service Methods Personal delivery by sheriff or authorized person 18+; posting on premises + first-class mail if personal fails after 2 attempts
Proof Required Yes - return of service filed
Posting Allowed Yes - post on premises + mail first-class after 2 failed personal attempts
Service of Process Fee $25-50
📝 Service Notes

SB 90 changed answer period from 4 to 5 days. Sheriff or process server delivers summons and complaint. Notice of hearing mailed to tenant after answer filed.

🏛️ Court & Legal Information

Court Circuit Court or Magistrate Court - Forcible Entry and Detainer (SDCL Ch. 21-16)
Filing Fee (Approx) $$70-95
Attorney Required No
Attorney Recommended Yes
Mandatory Mediation No
Jury Trial Available Yes - either party may request jury trial
Recover Attorney Fees Yes - if lease provides; court may award actual damages + attorney fees
Recover Back Rent (Same Filing) Yes - can seek possession + rent + damages in same action
Recover Costs from Tenant Yes - court costs + attorney fees if lease provides
Default Judgment Available Yes - if tenant fails to file answer within 5 days
Default Judgment Timeline After 5-day answer period expires
Statute Citation SDCL § 21-16-1; § 21-16-2 (repealed by SB 90, 2024); § 21-16-7; § 43-32-6.1; § 43-32-24
Self-Help Eviction Allowed No - tenant can recover 2 months rent as damages + return of security deposit (§ 43-32-6)
Local Overrides Common Very limited
🕐 Common Delays

Tenant filing answer within 5 days; court scheduling; contested hearings

🔗 Official Court Website 📜 State Statutes

⚖️ Appeals & Post-Judgment

Appeal Window 30 (to Circuit Court from Magistrate; to Supreme Court from Circuit) days
Appeal Stays Eviction Yes - must post bond; court may require continued rent payment
Tenant Pay and Stay Limited - if landlord issues optional 3-day notice, tenant can pay within 3 days; no statutory post-filing pay-and-stay right
Tenant Auto-Continuance No automatic; court may grant for good cause
Writ Executed By Sheriff
Writ Execution Timeline Immediate after judgment; Execution for Possession issued; sheriff enforces during daytime hours
Writ Execution Fee $25-75
🔒 Lockout Procedure

Sheriff executes Execution for Possession; must occur during daytime. Only sheriff can physically remove tenant.

📦 Tenant Property & Abandonment

Abandonment Period 10 (if value $500 or less; landlord can dispose after 10 days) days
📋 Abandonment Rules

⚠️ If property clearly garbage = dispose immediately. If value appears $500 or less and left 10+ days = presumed abandoned, landlord can dispose. If value over $500 or uncertain, landlord should follow general property law and provide notice before disposal.

🏦 Security Deposits

Return Deadline 14 (return or written explanation of deductions) days
Maximum Deposit 1 month rent (higher if special circumstances pose danger to maintenance - § 43-32-6.1)
📝 Deposit Details

14-day return with explanation of deductions. If tenant requests, landlord must provide written itemized accounting within 45 days of request. 1 month max (higher allowed for special circumstances). No interest required. No separate account required. Deductions: unpaid rent, damages beyond normal wear/tear, cleaning.

💵 Late Fees

Late Fee Cap No statutory cap
📝 Late Fee Rules

No state limit on late fees. No mandatory grace period. Rent late after due date. Late fee must be in lease to be enforceable.

🛡️ Tenant Protections

Retaliatory Eviction Protection Limited - no specific anti-retaliation statute, but discriminatory eviction prohibited
Retaliation Window ℹ️ No specific statute
Rent Control No
📝 Rent Control Details

No rent control. Very landlord-friendly. 1 month written notice for rent increase on month-to-month (§ 43-32-13). NEW: 15-day notice for tenancy at will termination (SB 89, 2024).

COVID Protections Active No
Fair Housing (State Additions) Creed; ancestry (SDCL § 20-13-20)

🏙️ Local Overrides & City-Specific Rules

Cities with Overrides Sioux Falls; Rapid City
📝 Local Override Details

Very limited local variations. SDCL Ch. 21-16 and 43-32 apply statewide. Must disclose prior meth lab manufacturing.

Underground Landlord

📝 South Dakota Eviction Process (Overview)

  1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
  2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
  3. File an eviction case with the Circuit Court or Magistrate Court - Forcible Entry and Detainer (SDCL Ch. 21-16). Pay the filing fee (~$$70-95).
  4. Tenant is served with a summons and has the opportunity to respond.
  5. Attend the court hearing and present your case.
  6. If you prevail, obtain a writ of possession from the court.
  7. Law enforcement executes the writ and removes the tenant if necessary.

🏛️ Courthouse Information and Locations for South Dakota

📊 Data Confidence

ℹ️ Notes

⚠️ SB 89/90 (2024) repealed mandatory notice - many secondary sources still cite old 3-day requirement. Verify current practice with local court. | ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity | ⚠️ Limited/no specific anti-retaliation statute - tenant protections may be weaker than in other jurisdictions

⚠️ Cells with Caveats

⚠️ tenant_property_abandonment_rules; ℹ️ retaliatory_eviction_window (no statute)

⚠️ Disclaimer: This page provides general information about South Dakota eviction laws and does not constitute legal advice. Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections. For specific legal guidance, consult a qualified South Dakota attorney or local legal aid organization.
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Disclaimer: This is general educational information, not legal advice. Consult a qualified South Dakota attorney for specific legal guidance.

Governing Law and Court System

South Dakota evictions are governed by:

Courts: Circuit Court or Magistrate Court in the county where the property is located.

Filing fees: Approximately $70-$100 for filing; additional fees for service.

2024 Legislative Changes (SB 89 and SB 90)

Senate Bill 90 (SDCL 21-16-2 Repealed):

Senate Bill 89 (SDCL 43-8-8 Amended):

Critical note: Even though state law no longer requires notice for nonpayment, check your lease—if the lease requires notice, the landlord must honor that contract term.

Self-Help Eviction Prohibited

Self-help evictions are strictly illegal in South Dakota. Landlords cannot:

Penalty: Tenant may recover 2 months’ rent as damages plus return of security deposit (SDCL 43-32-6).

Legal Grounds for Eviction

Landlords may evict for (SDCL § 21-16-1):

Notice Requirements by Violation Type

Nonpayment of Rent: No Notice Required (Post-2024)

Since the 2024 repeal of SDCL 21-16-2:

Traditional 3-Day Notice: While no longer required by statute, many landlords still use a 3-day notice to pay or quit as best practice.

Lease Violations: Immediate Termination

For violation of lease provisions or committing waste:

(SDCL § 21-16-2)

Illegal Activity: 3-Day Unconditional Notice

For criminal or illegal activity:

(SDCL § 21-16-1)

False Service Animal Claims: Immediate

For fraudulent disability/service animal documentation:

(SDCL § 43-32-36)

Month-to-Month Termination: 15-Day Notice (Post-2024)

For residential tenancy at will (month-to-month):

(SDCL § 43-8-8)

Year-to-Year Tenancy: 30-Day Notice

For year-to-year tenancies:

(SDCL § 43-32-13)

Holdover After Lease Expires: No Notice

If tenant remains after fixed-term lease expires:

Filing the Eviction Lawsuit

After notice period (if any) expires:

  1. File Verified Complaint (Summons and Complaint for Forcible Entry and Detainer)
  2. Pay filing fee (~$70-$100)
  3. File in Circuit or Magistrate Court in county where property is located

Service of Summons and Complaint

Documents must be served by sheriff or process server:

Tenant Response: 5 Days

After service:

Critical: Tenant must file written Answer—simply showing up to hearing is not sufficient.

Court Hearing

If tenant files Answer:

At hearing, landlord should bring:

Judgment

Ruling typically issued same day or within a few days:

Writ of Execution (Execution for Possession)

After judgment for landlord:

Sheriff Enforcement

After writ is issued:

Appeal

Either party can appeal:

(SDCL § 21-16-10, § 21-16-11)

Tenant Defenses

Security Deposit Rules

Typical Timeline (Uncontested)

Best Practices for South Dakota Landlords

Quick Reference: South Dakota Eviction Rules

Bottom line: South Dakota’s 2024 legislative changes made it one of the fastest states for evictions. The repeal of the mandatory 3-day notice for nonpayment means landlords can technically file eviction the day after rent is late. However, always check your lease—if it includes a notice requirement, you must honor that contract term. The month-to-month notice was also reduced from 30 to 15 days. Tenant answer period is now 5 days (failure to file = default judgment). Physical removal must be by sheriff during daytime only. Self-help evictions carry a 2-month rent penalty. Document everything and follow proper procedures for fastest results.