South Dakota Commercial Eviction Process: 2024 Updates

Governed fundamentally by the South Dakota Codified Laws (effective 1939), South Dakota significantly streamlined its eviction process in 2024 through Senate Bill 90. 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• Repeal of SDCL § 21-16-4: The requirement to serve a 3-day notice to quit for nonpayment of rent was officially repealed.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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