South Dakota Eviction Notice Overview
South Dakota does not have a fixed cure period for lease violations. Under SDCL §43-32-6, the notice period depends on the lease terms. If the lease is silent, a 30-day notice for month-to-month tenancies applies. There is no 14-day notice in SD statute. Cases are filed in Circuit or Magistrate Court.
Minnehaha County (Sioux Falls), Pennington County (Rapid City), and Lincoln County handle the highest volumes. South Dakota has minimal tenant protections and no comprehensive residential landlord-tenant act.
Lease Terms
Statutory minimum
$70–$100
Circuit/Magistrate Court
Written
Notice required
3–6 Wks
Total process
South Dakota: Lease Terms or 30-Day Default
South Dakota law defers to the lease agreement for cure periods. Under SDCL §43-32-6, the landlord must follow the lease terms. For non-payment, a 3-day notice is required under SDCL §21-16-2. For month-to-month termination without cause, one month’s notice is required.
South Dakota Notice Periods
Lease terms control: Cure period specified in the lease agreement
3-day notice: Non-payment of rent (SDCL §21-16-2)
30-day/one month: Month-to-month termination without cause
Immediate: Illegal activity or imminent danger
Common Violations Addressed by This Notice in South Dakota
- Any lease term violation
- Unauthorized pets, occupants
- Property damage, noise
- Non-payment
- Holdover
- Criminal activity
South Dakota Legal Requirements
South Dakota courts require strict compliance with notice requirements. A deficient notice will result in dismissal of the eviction case, wasting time and filing fees. Here are the mandatory elements:
- Written Notice: Recommended; follow lease terms exactly
- Lease Compliance: Use the cure period specified in the lease
- Specific Violation: Describe the breach
- Demand: State what tenant must do and by when
- Landlord Info: Name, address, phone
Serving the Notice in South Dakota
Proper service is critical in South Dakota. The method of delivery determines when the notice period starts running and must be documented for court proceedings.
Personal Service
Hand to tenant.
Post and Mail
Post on door and mail.
Certified Mail
Via certified mail.
South Dakota Eviction Timeline
The complete eviction process in South Dakota, from notice to physical removal, follows this general timeline for uncontested cases:
South Dakota Eviction Fees & Costs
Below are the typical costs associated with the eviction process in South Dakota. Fees may vary by county or court location.
| Cost Item | Amount |
|---|---|
| Magistrate/Circuit Court Filing | $70 – $100 |
| Sheriff Service | $20 – $40 |
| Writ of Restitution | $15 – $30 |
| Attorney Fees | $400 – $1,200 |
Sample South Dakota Eviction Notice
Below is a preview of a South Dakota-compliant eviction notice. The generated document includes all elements required under SD law.
NOTICE TO CURE LEASE VIOLATION
STATE OF SOUTH DAKOTA
Per Lease Terms and SDCL §43-32-6
TO (TENANT):
Name: [Tenant Full Legal Name]
Address: [South Dakota Property Address]
VIOLATION / GROUNDS:
[Detailed description of violation with dates]
DEMAND
You must cure the above violation within the period specified in your lease agreement or vacate the premises.