South Dakota Commercial Eviction Process: 2024 Updates
Step-by-step guide to evicting commercial tenants in South Dakota including the 2024 repeal of the 3-day notice for nonpayment and new court procedures.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
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
- Update your Lease Templates: Ensure your default clauses don't accidentally re-impose a 3-day notice requirement that the law has now removed.
- 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.
- Verify Service: Ensure your process server provides a "Return of Service" promptly, as the 4-day clock starts only after successful service.
Sources & Official References
Frequently Asked Questions
▶What are the South Dakota landlord-tenant laws every property owner should know?
South Dakota offers a relatively landlord-friendly regulatory environment compared to many other states. The state's landlord-tenant laws are primarily codified in SDCL Chapter 43-32, and recent legislative changes effective July 1, 2024, have further streamlined eviction procedures for property owners. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What is the South Dakota eviction process and how long does it take?
The South Dakota eviction process requires landlords to provide written notice to tenants before filing a court action. The type and length of notice depends on the reason for eviction — typically shorter for non-payment of rent and longer for lease violations or no-fault terminations. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in South Dakota. The full court process varies but typically takes several weeks.
Read the complete guide▶What are the South Dakota security deposit rules and return deadlines?
South Dakota has specific rules governing how much landlords can charge for security deposits, how deposits must be held, and the deadline for returning deposits after a tenant moves out. Landlords must provide an itemized statement of any deductions made from the deposit. Failure to comply with deposit return deadlines can result in penalties and the forfeiture of the landlord's right to claim deductions.
Read the complete guide▶What are the South Dakota rent increase laws and caps for landlords?
South Dakota has specific rules governing when and how landlords can increase rent. During a fixed-term lease, rent generally cannot be increased unless the lease explicitly allows it. For month-to-month tenancies, landlords must provide proper written notice before an increase takes effect. Check whether South Dakota has any local rent control ordinances that may impose additional caps or requirements.
Read the complete guide▶What is the grace period for late rent in South Dakota?
South Dakota has specific rules regarding grace periods for late rent and the amount that can be charged as a late fee. Late fee provisions must be stated in the lease agreement, and fees must be reasonable. Check South Dakota state law and any applicable local ordinances for the exact grace period and late fee limits that apply to your rental property.
Read the complete guide▶What disclosures must South Dakota landlords provide to tenants?
South Dakota landlords must provide certain disclosures to tenants before or at the time of lease signing. Common required disclosures include lead-based paint hazards (for pre-1978 buildings, a federal requirement), the identity of the landlord or property manager, and any known material defects in the property. Additional state-specific disclosures may include flood risk, mold hazards, and environmental conditions.
Read the complete guide▶What are the South Dakota lease requirements for rental properties?
South Dakota recognizes both written and oral leases, though written leases are strongly recommended for terms longer than one year. Lease agreements should include the rent amount, payment due date, security deposit terms, maintenance responsibilities, and rules regarding entry, pets, and subletting. Certain lease clauses that waive tenant statutory rights may be void and unenforceable under South Dakota law.
Read the complete guide▶What are South Dakota landlord maintenance obligations and habitability standards?
South Dakota landlords must maintain rental properties in a condition that is fit for habitation and complies with applicable building, housing, and health codes. This includes maintaining structural integrity, plumbing, heating and cooling systems, electrical systems, and pest control. Tenants typically have the right to request repairs in writing, and if repairs are not made within a reasonable time, tenants may have legal remedies available.
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