South Dakota Commercial Eviction Process: 2024 Updates

South Dakota significantly streamlined its eviction process in 2024 through Senate Bill 89. The most critical change for commercial landlords is the removal of the mandatory 3-day "Notice to Quit" for nonpayment of rent, allowing for immediate legal action upon default.

Grounds for Commercial Eviction (2024 Rules)

The Updated Eviction Procedure

Step 1: Filing the Action

For nonpayment of rent, the landlord no longer needs to wait 3 days. You can proceed directly to the courthouse and file a Summons and Complaint for Forcible Entry and Detainer.

• Note: For breaches other than nonpayment (e.g., unauthorized alterations), the lease's specific notice and cure periods still apply.

Step 2: Serving the Summons

The Summons must be served on the tenant by a sheriff or process server.

• Time for Appearance: Under the 2024 updates, the tenant must appear or file an answer within a timeframe set by the court, typically no less than 4 days and no more than 30 days after service (SDCL § 21-16-7).

Step 3: The Hearing

If the tenant contests the eviction, a hearing is held.

• Immediate Possession: If the tenant fails to appear or the landlord proves the default, the judge will issue a Judgment for Possession.
• Redemption: Unlike some states, South Dakota commercial tenants generally do not have a statutory "right to redeem" by paying arrears after the judgment is entered, unless the lease provides this right.

Step 4: Execution (The Lockout)

If the tenant remains, the landlord must obtain a Writ of Execution.

• Law Enforcement Only: Only a sheriff or constable can physically remove the tenant. Self-help (changing locks) remains strictly illegal and can result in significant damages against the landlord.

Key 2024 Legislative Changes (SB 89 & SB 90)

• Repeal of SDCL § 21-16-4: The requirement to serve a 3-day notice to quit for nonpayment of rent was officially repealed.
• Service of Process: Requirements for "substituted service" (posting on the door) were clarified to ensure faster processing when a tenant is avoiding service.

Best Practices for Landlords

1. Update your Lease Templates: Ensure your default clauses don't accidentally re-impose a 3-day notice requirement that the law has now removed.
2. Act Immediately: With the removal of the 3-day notice, the "time-to-possession" is shorter. Start the process as soon as the grace period in your lease expires.
3. Verify Service: Ensure your process server provides a "Return of Service" promptly, as the 4-day clock starts only after successful service.

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