South Dakota 60-Day Notice Overview
South Dakota does not require a 60-day notice for standard residential tenancy terminations. Under SDCL 43-32-13, a month-to-month tenancy can be terminated with at least one calendar month notice prior to the date the tenancy ends.
South Dakota is one of the most landlord-friendly states with no rent control, no just-cause eviction requirements, and minimal statutory tenant protections. Security deposits are capped at one month's rent under SDCL 43-32-6.1. The deposit must be returned within 14 days (two weeks). South Dakota's eviction process is fast.
30 Days
Statutory default
$55-$75
Court filing fees
Written
Notice required
2-3 wks
Court process
When a 60-Day Notice Applies in South Dakota
Since South Dakota's statutory default for month-to-month termination is 30 days, understanding when a 60-day notice is actually required or advisable is essential for landlords.
Lease-Required Extended Notice
Some SD landlords include 60-day clauses. The contractual obligation overrides the one-month statutory minimum.
SDHDA Programs
Federal Section 8 programs administered through the South Dakota Housing Development Authority (SDHDA) frequently require 60-90 days notice.
Sioux Falls and Rapid City Markets
Sioux Falls, South Dakota's largest city, has a growing rental market. Providing 60 days gives long-term tenants time to find housing in markets where affordable options are increasingly limited.
South Dakota Legal Requirements
South Dakota's landlord-tenant statutes establish specific requirements for termination notices that must be followed precisely.
South Dakota Fast Deposit Return
South Dakota requires return of security deposits within just 14 days (two weeks) under SDCL 43-32-6.1 — one of the fastest return deadlines nationally. Deposits are capped at one month's rent. Landlords must act immediately after the tenant vacates to inspect the property and process the return. Failure to return within 14 days may entitle the tenant to double the amount wrongfully withheld.
Notice Content Requirements
- Written Notice: SDCL 43-32-13 requires written notice. Oral notice is insufficient under South Dakota law
- Tenant and Property ID: Include all tenant names from the lease and the complete property address including city, county, and ZIP code
- Termination Date: State the exact date at least 60 days from service, must be at the end of a calendar month
- Landlord Contact: Include the landlord or property manager name, South Dakota mailing address, and telephone number
- Security Deposit Reference: SDCL 43-32-6.1 requires return within just 14 days with an itemized statement. Deposits capped at one month's rent
How to Serve a 60-Day Eviction Notice in South Dakota
Proper service is critical in South Dakota. If the landlord cannot prove the notice was properly delivered, the court will dismiss the eviction action.
Prepare the Notice
Draft using a South Dakota-specific template referencing SDCL 43-32-13. Include all tenant names, property address, and the 60-day termination date
Personal Delivery (Preferred)
Hand-deliver to the tenant at the rental premises. South Dakota courts prefer personal service
Certified Mail Alternative
Send via certified mail with return receipt. South Dakota accepts mailed service for landlord-tenant notices
Complete Proof of Service
Document date, time, method, and location of service. Keep certified mail receipts and return cards for court proceedings
File Forcible Entry and Detainer Action
After 60 days expire without the tenant vacating, file an eviction action in Magistrate or Circuit Court where the property is located
South Dakota Eviction Timeline
South Dakota's eviction process uses a Forcible Entry and Detainer action filed in Magistrate or Circuit Court under SDCL 21-16. After filing, the court schedules a hearing within 3-10 days.
At the hearing, both parties present evidence. If the landlord prevails, a writ of restitution is issued. The sheriff enforces removal if the tenant does not vacate voluntarily.
Total court timeline: 2-3 weeks uncontested, 3-6 weeks contested. Minnehaha County (Sioux Falls) handles the most cases. Combined with the 60-day notice period, the full process spans 10-14 weeks.
South Dakota Filing Fees & Costs
Eviction costs in South Dakota vary by county and court type. Below are typical expenses.
| Fee / Cost | Typical Amount |
|---|---|
| Court Filing Fee | $55 - $75 |
| Service of Process | $20 - $50 |
| Attorney Fees | $400 - $1,200 |
| Writ of Restitution | $15 - $30 |
| Sheriff Enforcement | $50 - $150 |
Sample South Dakota 60-Day Notice
Below is a preview of our South Dakota-specific 60-day termination notice template.
60-DAY NOTICE OF TERMINATION
STATE OF SOUTH DAKOTA
Pursuant to SDCL 43-32-13
LANDLORD / PROPERTY OWNER:
Name: [Full Legal Name]
Address: [South Dakota Mailing Address]
TENANT(S):
Name(s): [All Tenant Names]
Rental Address: [Full Property Address]
NOTICE OF TERMINATION:
You are hereby notified that your tenancy at the above premises will terminate on[Date — 60 days from service]. You must vacate and surrender possession by that date.
SOUTH DAKOTA COMPLIANCE NOTE
Your security deposit will be returned within 14 days of vacating per SDCL 43-32-6.1, with an itemized statement of deductions. Please provide a forwarding address upon vacating.