South Dakota Eviction Notice Overview
South Dakota uses a 3-day notice for non-payment of rent under SDCL 21-16-1(4). South Dakota does not use a 5-day notice. The state has a fast eviction process with minimal tenant protections compared to many states. Cases are filed in Magistrate Court or Circuit Court.
Understanding the correct notice period is critical for South Dakota landlords. Using a 5-day notice when the law requires a different period will result in the court dismissing the eviction case, costing the landlord additional time and filing fees. Always verify the current South Dakota statutory requirements before serving any eviction notice.
3-day
Actual notice period
$50 - $75
Court filing fee
Magistrate
Court type
2-5 Wks
Total process
Why South Dakota Uses 3-day, Not 5 Days
Important: South Dakota Does Not Have a 5-Day Notice
A 5-day eviction notice is not the correct notice period in South Dakota. Under SDCL 21-16-1(4), the required notice for non-payment of rent is 3-day. Serving a 5-day notice will likely result in the court dismissing your case. Use the correct 3-day notice period.
States that do use a 5-day notice include Arizona, Delaware, Hawaii, Illinois, Oklahoma, Rhode Island, South Carolina, Virginia, and Wisconsin. South Dakota is not among them. The 3-day notice requirement in South Dakota applies to the most common eviction scenario: non-payment of rent. Other eviction grounds (lease violations, month-to-month terminations) may require different notice periods under South Dakota law.
If you are a landlord in South Dakota, ensure your eviction notice complies with SDCL 21-16-1(4) and includes all elements required by Magistrate/Circuit Court. Using our South Dakota-specific template ensures you have the correct notice period and statutory language.
South Dakota Legal Requirements for Eviction Notices
To withstand judicial scrutiny in South Dakota Magistrate/Circuit Court, your eviction notice must contain all elements required by state law. Missing even one required element gives the tenant grounds to challenge the notice.
Required Notice Contents
- Tenant Names: Full legal names of all adult tenants on the lease agreement
- Property Address: Complete address including unit number, city, and South Dakota county
- Amount Owed: For non-payment cases, specific dollar amount of rent due plus any lawful late fees
- Notice Period: Clear statement of the 3-day period to pay or vacate as required by SDCL 21-16-1(4)
- Consequences: Warning that failure to pay or vacate will result in eviction proceedings in Magistrate/Circuit Court
- Landlord Information: Name, signature, and contact information of the landlord or property manager
- Date of Service: The date the notice is delivered, which starts the 3-day clock
How to Serve an Eviction Notice in South Dakota
Proper service of the eviction notice is essential under South Dakota law. Magistrate/Circuit Court judges regularly dismiss cases where the landlord cannot demonstrate proper service.
Personal Hand-Delivery (Preferred)
Deliver the notice directly to the tenant in person. Bring a witness or use a process server for documentation. This is the method South Dakota courts trust most.
Substituted Service
If the tenant is not available, leave the notice with a competent adult (18+) residing at the property. Record the name and date of service.
Post and Mail
Post the notice on the main entry door and mail a copy via first-class or certified mail. Use this as a last resort when personal delivery fails.
Document Everything
Prepare a proof of service affidavit recording the date, time, method, and witnesses. South Dakota courts require this when filing the eviction complaint.
File After Notice Period Expires
Once the 3-day period expires without payment or vacancy, file the eviction complaint at the Magistrate/Circuit Court in the jurisdiction where the property is located.
South Dakota Eviction Timeline
The eviction process in South Dakota follows a specific timeline from notice to enforcement. A typical uncontested eviction takes approximately 2-5 Wks from the date the notice is served. Contested cases can take significantly longer.
After the 3-day notice period expires and the complaint is filed, the court schedules a hearing. At the hearing, the judge reviews the notice, lease, and proof of service. If the landlord prevails, the court enters a judgment for possession.
Following the judgment, the tenant has a limited time to appeal or vacate. If the tenant does not leave voluntarily, the landlord obtains a writ of possession, and the sheriff or constable enforces the removal. Self-help evictions are illegal in South Dakota and can expose the landlord to substantial liability.
South Dakota Eviction Filing Fees & Costs
Below are the typical costs associated with the eviction process in South Dakota. Actual fees may vary by county and specific circumstances.
| Fee / Cost | Typical Amount |
|---|---|
| Magistrate/Circuit Court Filing Fee | $50 - $75 |
| Service of Process | $25 - $75 |
| Writ of Possession | $25 - $100 |
| Attorney Fees (Uncontested) | $400 - $2,000 |
Sample South Dakota Eviction Notice
Below is a preview of the South Dakota-specific eviction notice using the correct 3-day notice period required by SDCL 21-16-1(4).
NOTICE TO PAY RENT OR QUIT
STATE OF SOUTH DAKOTA
Pursuant to SDCL 21-16-1(4)
TO TENANT(S):
Name(s): [All Tenant Names]
Address: [Full South Dakota Address]
NOTICE:
You are notified that rent in the amount of $[Amount] is past due. Pursuant to SDCL 21-16-1(4), you have 3-DAY from the date of service to pay the total amount due or surrender possession.
SOUTH DAKOTA COMPLIANCE
This notice uses the correct 3-day period required by South Dakota law under SDCL 21-16-1(4). A 5-day notice is not valid in South Dakota.