South Dakota Eviction Notice Overview
South Dakota's eviction laws are among the most landlord-favorable in the nation. Under SDCL Chapter 21-16 (Forcible Entry and Detainer) and Chapter 43-32 (Landlord and Tenant), the state requires only a 3-day notice to quit for non-payment. South Dakota does not use a 10-day notice period for any eviction ground.
The state's streamlined Magistrate Court system processes evictions rapidly, with hearings often scheduled within days of filing. South Dakota does not have a comprehensive residential landlord-tenant act comparable to states like Oregon or Washington. Eviction procedures are governed primarily by the FED statutes (SDCL 21-16) with minimal tenant protections beyond the 3-day cure right.
3 Days
Non-payment notice
$55-$70
Filing fees
Written
Notice required
2-4 wks
Total process
South Dakota's Actual Notice Periods
SD Uses 3-Day Notices, Not 10-Day
South Dakota's non-payment notice period is only 3 days. Using a 10-day notice unnecessarily delays the process. While a court would accept a longer notice period, it is not the standard practice in South Dakota Magistrate Courts.
| Eviction Reason | Notice Period | Statute |
|---|---|---|
| Non-payment of rent | 3 days | SDCL §21-16-1(4) |
| Lease violations | 3 days | SDCL §21-16-1(6) |
| Holdover after lease | 3 days | SDCL §21-16-1(2) |
| Month-to-month termination | 1 rental period | SDCL §43-32-13 |
South Dakota Legal Requirements
South Dakota's notice requirements are minimal compared to many states, but the notice must satisfy basic standards for Magistrate Court.
- Written Notice: Must be in writing under SDCL §21-16-2
- 3-Day Demand: Clearly state that the tenant has 3 days to pay or vacate
- Amount Owed: Specify the exact amount of unpaid rent
- Property Address: Identify the rental property by full address
- Service Method: Serve using an approved method under South Dakota law
How to Serve in South Dakota
South Dakota requires written service. The landlord or agent may serve the notice directly.
Personal Delivery
Hand-deliver the notice directly to the tenant. The most common method in South Dakota
Residence Service
Leave with a person of suitable age at the tenant's dwelling if the tenant is unavailable
Posting on Premises
Post conspicuously on the front door if the tenant cannot be located. Photograph the posted notice
Prepare Affidavit of Service
Complete a written affidavit documenting the method, date, and time. Submit with FED filing
South Dakota Eviction Timeline
Days 1-3: Notice period. Day 4: File FED in Magistrate Court. Days 5-10: Court schedules hearing (3-7 days). Hearing: Magistrate rules, often same day. Post-judgment: Writ of possession issued; sheriff executes within 3-5 days.
Total uncontested: 2-4 weeks, among the fastest in the nation. Contested cases: 4-6 weeks. Appeals to Circuit Court add 1-2 months but are uncommon in South Dakota eviction cases.
South Dakota Court Fees
SD Magistrate Court fees are among the lowest in the country.
| Fee / Cost | Typical Amount |
|---|---|
| FED Filing Fee | $55 - $70 |
| Sheriff Service | $25 - $40 |
| Writ of Possession | $25 - $50 |
| Attorney Fees | $300 - $1,000 |
| Sheriff Lockout | $50 - $150 |
Sample South Dakota 3-Day Notice
Below is a preview of a South Dakota 3-day notice under SDCL §21-16-1(4).
THREE-DAY NOTICE TO QUIT
STATE OF SOUTH DAKOTA
Pursuant to SDCL §21-16-1(4)
TO TENANT(S):
Name: [Full Legal Name]
Address: [SD Property Address]
NOTICE
You have THREE (3) DAYS to pay $[Amount] in unpaid rent or vacate. Failure to comply will result in filing a Forcible Entry and Detainer action in South Dakota Magistrate Court.