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.
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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- Repeal of SDCL § 21-16-4: The requirement to serve a 3-day notice to quit for nonpayment of rent was officially repealed.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
- 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.
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