South Dakota Eviction Process: Notice Requirements and Court Procedures

South Dakota's eviction laws were significantly updated in 2024 with the passage of Senate Bills 89 and 90, which streamlined the process for landlords. Understanding these changes is essential for property owners navigating tenant removal lawfully.

2024 Legislative Changes

Two key bills took effect on July 1, 2024:

Grounds for Eviction South Dakota landlords may evict tenants for the following reasons:

Nonpayment of Rent

• 3-day written notice to quit
• Landlords can initiate proceedings one day after rent is due if proper notice is given
• No obligation to accept late payment to stop eviction (landlord may choose to)

Lease Violations

• Notice to cure with a reasonable time to fix the violation
• If the tenant fails to correct the issue, eviction may proceed

Criminal or Illegal Activity

• Immediate eviction — no cure period required
• Applies to drug manufacturing, distribution, or other illegal activity on the premises

Termination of Month-to-Month Tenancy

• 15-day written notice (reduced from 30 days as of July 1, 2024)
• No cause required for month-to-month terminations

Holdover Tenants

• 30-day notice when 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 county court
• 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 at least 3 days before the hearing
• Service must be performed by a process server or sheriff

Step 4: Court Hearing

• The tenant has 5 days (extended from 4 days by SB 90) to respond to the Summons and Complaint
• 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 Writ of Possession is issued
• Only a sheriff or law enforcement can physically remove the tenant
• Self-help evictions (changing locks, shutting off utilities, removing belongings) are illegal

Prohibited Eviction Practices South Dakota law strictly prohibits:

• Self-help evictions — 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 — 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: 2–5 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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