SD · EVICT-NTC · Updated August 2026 · Free
South Dakota Eviction Notice PDF
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South Dakota at a glance: 3-Day Pay or Quit: Required for nonpayment of rent · Court Process: Eviction action · Month-to-Month Notice: 30 days (or 1 month) to terminate
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Overview
Eviction Notices in South Dakota
South Dakota's eviction process is governed by South Dakota Codified Laws Title 21 and 43. For nonpayment of rent, landlords must serve a 3-day notice before filing for eviction.
South Dakota courts require compliance with statutory notice and filing procedures. Self-help evictions are prohibited, and a landlord must obtain a court judgment before removing a tenant.
Key Facts
South Dakota Eviction Notice — Quick Reference
| Requirement | South Dakota Rule |
|---|---|
| 3-Day Pay or Quit | Required for nonpayment of rent |
| Court Process | Eviction action |
| Month-to-Month Notice | 30 days (or 1 month) to terminate |
| Governing Law | S.D. Codified Laws § 21-16-2 |
| Notice Delivery | Personal service or posting + mailing |
Legal Requirements
South Dakota Legal Requirements
- 3-day written notice required before filing for nonpayment of rent.
- Notice must state the amount owed and the deadline to pay.
- Notice must be delivered personally or posted and mailed if personal service fails.
- Self-help evictions are prohibited without a court order.
Governing Laws
South Dakota Governing Laws
S.D. Codified Laws § 21-16-2
Grounds for Eviction
Requires a 3-day written notice before a landlord may pursue eviction for nonpayment of rent in South Dakota.
S.D. Codified Laws § 43-32-24
Prohibited Practices
Prohibits self-help evictions, including lockouts and utility shutoffs, without a court order.
Read the full text of these laws at Cornell Law School's South Dakota legal resources or your state legislature's official website.
Questions & Answers
South Dakota Eviction Notice — Frequently Asked Questions
How many days notice is required for nonpayment of rent in South Dakota?
South Dakota requires a 3-day written notice before a landlord may file for eviction due to nonpayment of rent.
What is South Dakota's eviction process called?
South Dakota refers to the process as an eviction action, filed in circuit court.
Can a South Dakota landlord remove a tenant's belongings without a court order?
No. Self-help evictions are illegal in South Dakota. A landlord must obtain a court judgment before removing a tenant.