South Dakota Eviction Process: Notice & Court Procedures

South Dakota's eviction process is governed by state statutes, primarily SDCL 21-16 (Forcible Entry and Detainer), grounded in the foundational property rights established by the South Dakota Constitution (effective November 2, 1889). Understanding these laws is essential for property owners navigating tenant removal lawfully.

Grounds for Eviction

South Dakota landlords may evict tenants for the following reasons:

Nonpayment of Rent

• Action maintainable after 3 days of non-payment (SDCL 21-16-1(4))
• Following the repeal of SDCL 21-16-2 by SL 2024, ch 75, § 1, there is no statutory requirement for a separate notice to quit for non-payment of rent before filing an eviction action; however, the grounds for the action arise after three days of non-payment, not immediately.
• No obligation to accept late payment to stop eviction (landlord may choose to)

Lease Violations

• A landlord may terminate a lease and reclaim the premises before the end of the agreed term if the tenant uses or permits a use of the premises in a manner contrary to the lease agreement, or if the tenant does not within a reasonable time after request make such repairs as they may be bound to make (SDCL 43-32-18).

Criminal or Illegal Activity

• Eviction for criminal or illegal activity would typically fall under a lease violation if the lease specifies such activity as a ground for termination (SDCL 21-16-1(7)).
• The statutes do not provide for 'immediate eviction' without a cure period as a standalone statutory ground for all illegal activities.

Termination of Month-to-Month Tenancy

• 30-day written notice (SDCL 43-32-15)
• A hiring of real property for a term not specified by the parties is deemed to be renewed unless one of the parties gives notice to the other of their intention to terminate the same at least as long before the expiration thereof as the term of the hiring itself, not exceeding one month.

Holdover Tenants

• An action for detainer is maintainable if a lessee holds over after the termination of their lease or expiration of their term (SDCL 21-16-1(4)).
• There is no statutory requirement for a specific notice period, such as 30 days, for a holdover tenant after a fixed-term lease expires and is not renewed.

Step-by-Step Eviction Process

Step 1: Serve Proper Notice

Provide the appropriate written notice based on the eviction grounds:

Step 2: File a Complaint

If the tenant does not comply with the notice:

• File a Complaint for Forcible Entry and Detainer with the circuit court or magistrate court (SDCL 21-16-3, 21-16-6)
• Include details of the lease agreement and grounds for eviction
• Pay the required filing fee

Step 3: Serve the Summons

• A Summons must be served to the tenant
• Service must be performed by a sheriff, authorized process server, or constable (SDCL 21-16-6)

Step 4: Court Hearing

• The tenant has five days from the time of service to appear and plead to the Summons and Complaint (SDCL 21-16-7)
• Both parties may present evidence at the hearing
• The judge will issue a ruling

Step 5: Writ of Possession

If the court rules in the landlord's favor:

• A judgment for delivery of possession is issued (SDCL 21-16-10)
• Only a sheriff or law enforcement can physically remove the tenant
• Self-help evictions (changing locks, shutting off utilities, removing belongings) are illegal (SDCL 43-32-6)

Prohibited Eviction Practices South Dakota law strictly prohibits:

• Self-help evictions (SDCL 43-32-6) — Landlords may not change locks, remove doors, shut off utilities, or take any action to force a tenant out without a court order
• Retaliatory evictions (SDCL 43-32-27, 43-32-28) — Evicting a tenant for exercising legal rights (e.g., reporting code violations, requesting repairs)
• Discriminatory evictions — Evicting based on race, color, religion, sex, familial status, national origin, disability, or ancestry

Timeline Summary

Total estimated timeline: 2–6 weeks from notice to removal, depending on grounds and court schedule.

Best Practices for Landlords

1. Document everything — Keep copies of all notices, lease agreements, and communications
2. Follow proper procedure — Never attempt self-help evictions
3. Serve notices correctly — Use certified mail or personal service
4. Act promptly — Don't let unpaid rent or violations accumulate
5. Consult an attorney — For complex situations or first-time evictions
6. Keep records of payments — Document when rent was due and when (or if) it was received

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