Document Genius

Free South Dakota Eviction Notice Template

Create a South Dakota eviction notice that complies with state law before filing an eviction case in court. Document Genius walks you through the process step-by-step so you can prepare the right document quickly and correctly.

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1,109 Ratings
  • Duration 2 min
  • Download as PDF and Word
  • E-sign included

Written by Josh Sainsbury | Attorney-Reviewed by Nicole Rhim, J.D.

How It works?

1

Choose the Right Notice

Pick the correct notice for rent issues, lease violations, or termination under South Dakota law.

2

Enter Tenant and Property Details

Add the tenant’s name, rental address, and the reason for the eviction.

3

Sign and Deliver

Serve the notice under South Dakota law and keep proof of delivery for your records.

Table of Contents

  1. What Is a South Dakota Eviction Notice?
  2. When to Use Each Type of South Dakota Eviction Notice
  3. How to Write a South Dakota Eviction Notice
  4. How to Serve a South Dakota Eviction Notice
  5. Next Steps After Serving the Notice

What Is a South Dakota Eviction Notice?

A South Dakota eviction notice is a written document landlords must give tenants before filing for eviction in court. It explains the reason for eviction, tells the tenant how long they have to pay overdue rent, fix a lease violation, or move out, and follows the timelines in South Dakota Codified Laws Chapter 21-16.

When to Use Each Type of South Dakota Eviction Notice

South Dakota law requires different notices depending on the reason for eviction:

  • Immediate Notice to Pay Rent or Quit (SD Codified L § 21-16-1): Used when tenants fail to pay rent. No specific notice period is required, but landlords must allow a three-day grace period after rent is due before serving the notice.
  • Notice to Quit for Non-Compliance (SD Codified L § 43-32-18): For lease violations such as property damage, unauthorized occupants, or health hazards. Landlords can demandpossession.
  • 30-Day Lease Termination Notice (SD Codified L § 43-32-13): Ends a month-to-month tenancy without cause by giving tenants 30 days’ written notice to vacate.

How to Write a South Dakota Eviction Notice

To complete your eviction notice correctly:

  • Select the correct notice type for your situation
  • Add landlord and tenant names plus the rental property address
  • Include the reason for eviction if required by law
  • State the legal notice period for payment, compliance, or move-out
  • Sign and date the document before serving it

How to Serve a South Dakota Eviction Notice

South Dakota law allows landlords to deliver notices by:

  • Hand-delivering the notice to the tenant
  • Posting the notice at the property if the tenant cannot be found
  • Sending it via certified or registered mail

Always keep proof of service for the court case.

Next Steps After Serving the Notice

If the tenant does not comply within the required time:

  1. File a Forcible Entry and Detainer lawsuit in Circuit Court
  2. Have the summons served by a sheriff or authorized process server
  3. Attend the eviction hearing; both landlord and tenant may present evidence
  4. If the landlord wins, request an Execution for Possession so the sheriff can remove the tenant
  5. Store abandoned personal property worth the total reasonable value over $500 for 30 days as required by SD Codified L § 43-32-26