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Eviction rules depend on the state. Which state is the rental in?

South Dakota eviction laws

Notices, deadlines, court and tenant rights in South Dakota — in plain English.

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Overview

The court case
Forcible entry and detainer (eviction)
Court
Circuit Court (magistrate) for the county where the property is located
Main laws
S.D. Codified Laws ch. 21-16 (forcible entry and detainer), esp. 21-16-1, 21-16-7; SDCL 43-8-8, 43-8-9; SDCL ch. 43-32

Just-cause protection

No statewide law

South Dakota has no just-cause law. A month-to-month (at-will) tenancy can be ended with at least 15 days' written notice, and a fixed lease may be allowed to expire. (SDCL 43-8-8)

Notices before filing, by reason

What a landlord must serve before filing — and what a tenant should expect to receive.

Unpaid rent — no notice required

Since July 1, 2024 South Dakota no longer requires a 3-day notice to quit before filing. Once rent is more than 3 days past due, the landlord may file an eviction (forcible entry and detainer). Follow any notice the lease requires.

  • SB 90 (2024) repealed the old 3-day notice to quit (SDCL 21-16-2). Many landlords still send a written demand for rent; it is optional unless the lease requires it.
  • Rent must be unpaid for 3 days after it is due before the case can be filed.
The tenant broke the lease or rules — no notice required

No statutory pre-filing notice. An eviction may be filed if the tenant does or fails to do something that, under the lease, ends the lease, or commits waste. Follow any notice or cure period the lease sets.

  • The lease must say the violation ends the lease; if it does not, give a written notice terminating the tenancy under the lease or SDCL 43-8-8 before filing. VERIFY with the lease terms.
The lease ended and the tenant stayed — no notice required

If the tenant stays after the lease term has expired, the landlord may file without a statutory notice.

  • Accepting rent after the lease ends may create a month-to-month tenancy that must be ended with written notice first.
Ending a month-to-month tenancy (no fault) — Notice of Termination of Tenancy (15-Day Notice)

A tenancy with no fixed end date is ended by written notice requiring the tenant to leave within the period stated, at least 15 days. If the tenant or an immediate family member is on active military duty, 2 months' notice is required (with some exceptions). After the date passes, the landlord may file.

Notice of Termination of Tenancy (15-Day Notice)

Notice period
15 days (month-to-month: 15 days)
Longer notice
2 months if the tenant or an immediate family member (spouse or minor child) is on active military service
Counting
At least 15 calendar days after the notice is served; day of service not counted.
Tenant can fix it?
No
Must include
  • Tenant name(s) and address
  • Statement that the tenancy is terminated and the date by which the tenant must move out (at least 15 days away)
  • Landlord name, date and signature
How to serve
Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door. Must be in writing and delivered to the tenant or to a person of discretion living at the home; if neither can be found with reasonable diligence, post it on a conspicuous part of the premises where it can be read.
Law
SDCL 43-8-8, 43-8-9
  • Double-check with the court: SDCL 43-8-8 was amended in 2024; some older sources say one month (30 days). Giving 30 days and ending on the last day of a rental month is the safest course.
Illegal activity, violence or serious damage — no notice required

No special statutory notice. Waste or conduct that ends the lease under its terms supports filing directly (SDCL 21-16-1(7)). Follow any notice the lease requires.

  • If the lease does not make the conduct a ground for ending the lease, serve a written termination notice before filing.

How a tenant responds

The tenant has 5 days after being served with the summons and complaint (not counting the day served; because the period is under 11 days, weekends and holidays are not counted under SDCL 15-6-6(a)) to file a written Answer with the clerk of court and serve a copy on the landlord. If the tenant does not answer, the landlord can get a default judgment. The court then sets a hearing.

Deadline: 5 business days after being served · Form: UJS-119 Answer for Eviction (South Dakota Unified Judicial System) · SDCL 21-16-7

City and local rules

  • No South Dakota city (including Sioux Falls and Rapid City) adds eviction notice requirements.

Official court forms

Landlords

  • UJS-112 — Verified Complaint for Eviction
  • UJS-111 — Summons for Eviction

Tenants

  • UJS-119 — Instructions and Form on Answer for Eviction

All South Dakota forms →

Sources

Checked 2026-09. General information, not legal advice; laws change and courts differ. We strive for accuracy but don’t guarantee it.