🏛️ 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 Important 2024 changes: Senate Bill 90 repealed the mandatory 3-day notice requirement for nonpayment—landlords can now file immediately after rent is late.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
💰 Nonpayment of Rent
CRITICAL 2024 CHANGE: SB 90 repealed SDCL 21-16-2 (notice to quit requirement).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).
📋 Lease Violation
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).
📬 Service of Process
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
Tenant filing answer within 5 days; court scheduling; contested hearings
⚖️ Appeals & Post-Judgment
Sheriff executes Execution for Possession; must occur during daytime. Only sheriff can physically remove tenant.
📦 Tenant Property & Abandonment
⚠️ 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
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
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
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).
🏙️ Local Overrides & City-Specific Rules
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)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- 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).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for South Dakota
📊 Data Confidence
⚠️ 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
⚠️ tenant_property_abandonment_rules; ℹ️ retaliatory_eviction_window (no statute)
Underground Landlord
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:
- SDCL Chapter 21-16: Forcible Entry and Detainer
- SDCL Chapter 43-32: Landlord and Tenant
- SDCL Chapter 43-8: Tenancies at Will
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):
- Eliminated mandatory 3-day notice to quit for nonpayment
- Landlords can now file eviction immediately after rent is late
- Changed tenant answer period from 4 days to 5 days
Senate Bill 89 (SDCL 43-8-8 Amended):
- Reduced month-to-month (tenancy at will) termination notice from 30 days to 15 days
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:
- Change locks
- Shut off utilities
- Remove tenant’s belongings
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):
- Nonpayment of rent
- Lease violations
- Committing waste on premises
- Illegal activity
- Holding over after lease expires
- False claims of disability/service animal (SDCL 43-32-36)
- Unlawfully holding possession
Notice Requirements by Violation Type
Nonpayment of Rent: No Notice Required (Post-2024)
Since the 2024 repeal of SDCL 21-16-2:
- No statutory notice required—landlord can file eviction day after rent is late
- No grace period required by state law
- However: If lease includes notice requirement, landlord must follow it
- Many landlords still send informal demand before filing
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:
- Landlord may immediately terminate rental agreement
- Can file for eviction without cure period
- Some landlords provide 3-day notice as courtesy
(SDCL § 21-16-2)
Illegal Activity: 3-Day Unconditional Notice
For criminal or illegal activity:
- 3-day unconditional notice to quit
- No cure right
- Includes drug offenses, violent acts, criminal behavior
(SDCL § 21-16-1)
False Service Animal Claims: Immediate
For fraudulent disability/service animal documentation:
- Landlord may immediately terminate
- No cure right
(SDCL § 43-32-36)
Month-to-Month Termination: 15-Day Notice (Post-2024)
For residential tenancy at will (month-to-month):
- 15-day written notice (reduced from 30 days by SB 89)
- No reason required
(SDCL § 43-8-8)
Year-to-Year Tenancy: 30-Day Notice
For year-to-year tenancies:
- 30-day notice before end of year
(SDCL § 43-32-13)
Holdover After Lease Expires: No Notice
If tenant remains after fixed-term lease expires:
- No notice required
- Can file for eviction immediately
Filing the Eviction Lawsuit
After notice period (if any) expires:
- File Verified Complaint (Summons and Complaint for Forcible Entry and Detainer)
- Pay filing fee (~$70-$100)
- 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:
- Two attempts at personal service, one week apart
- If both fail: posting on door + mailing
- Must be served within 1 month of issuance
Tenant Response: 5 Days
After service:
- Tenant has 5 days (changed from 4 days in 2024) to file written Answer
- If served by publication: 1 month to respond
- Tenant must serve answer on landlord (add 3 days if mailed)
- Failure to file Answer = default judgment for landlord
Critical: Tenant must file written Answer—simply showing up to hearing is not sufficient.
Court Hearing
If tenant files Answer:
- Hearing scheduled at least 2 days after Answer filed
- Notice of hearing mailed at least 7 days before hearing date
- Continuance available up to 14 days
At hearing, landlord should bring:
- Lease agreement
- Notice (if any) with proof of service
- Rent ledger/payment records
- Photos, communications, evidence of violations
Judgment
Ruling typically issued same day or within a few days:
- If landlord wins: Court issues Judgment for Possession
- If tenant wins: Tenant remains, may recover court costs
Writ of Execution (Execution for Possession)
After judgment for landlord:
- Landlord requests Execution for Possession (Writ of Execution)
- Authorizes sheriff to remove tenant
- Issued within 1-5 days of judgment
Sheriff Enforcement
After writ is issued:
- Sheriff serves writ on tenant
- Tenant given final notice (typically 24-72 hours)
- If tenant doesn’t leave, sheriff physically removes tenant
- Removal can only occur during daytime hours
- Enforcement typically 3-7 days after writ issued
Appeal
Either party can appeal:
- 30 days to file appeal
- Appeal goes to South Dakota Supreme Court
- Writ of Execution usually NOT stayed unless appeal bond posted
(SDCL § 21-16-10, § 21-16-11)
Tenant Defenses
- Lease requires notice: If lease has notice requirement, landlord must follow it despite statutory repeal
- Improper service: Summons not properly served
- Payment: Rent was paid
- Habitability: Landlord failed to maintain premises
- Retaliation: Eviction in response to tenant exercising rights
- Discrimination
Security Deposit Rules
- Maximum: 1 month’s rent (SDCL 43-32-6.1)
- Return: Within 14 days of move-out (with itemized deductions if any)
Typical Timeline (Uncontested)
- Notice: 0-15 days (depending on grounds; none required for nonpayment)
- Service of summons: 1-7 days
- Tenant answer period: 5 days
- Hearing: 2+ days after answer
- Writ issued: 1-5 days after judgment
- Sheriff enforcement: 3-7 days
- Total (uncontested): 2-4 weeks
- Contested: 4-6+ weeks
Best Practices for South Dakota Landlords
- Review lease for notice requirements—must honor even if statute doesn’t require
- Consider sending informal demand before filing (builds goodwill, may avoid court)
- Document everything: late payments, violations, communications
- File in correct court for property location
- Serve summons properly (two attempts, one week apart)
- If tenant doesn’t file Answer within 5 days, file Motion for Default Judgment
- Request Execution for Possession promptly after judgment
- Only sheriff can physically remove tenant—never self-help
- Keep records for security deposit accounting (14-day return deadline)
Quick Reference: South Dakota Eviction Rules
- Nonpayment notice: None required by statute (check lease)
- Lease violations: Immediate termination allowed
- Illegal activity: 3-day unconditional notice
- Month-to-month termination: 15 days (changed 2024)
- Year-to-year termination: 30 days
- Holdover: No notice required
- Tenant answer period: 5 days (changed 2024)
- Hearing: 2+ days after answer
- Appeal period: 30 days
- Self-help penalty: 2 months’ rent + deposit return
- Security deposit max: 1 month rent
- Security deposit return: 14 days
- Governing law: SDCL Chapters 21-16, 43-32, 43-8
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.