South Dakota Eviction Notice Overview
South Dakota does not use a 7-day eviction notice. Under SDCL 21-16-1, landlords must give a 3-day notice for non-payment of rent. South Dakota has one of the fastest eviction processes in the country with minimal tenant protections compared to many states.
South Dakota has 66 counties with Magistrate and Circuit Courts. Minnehaha County (Sioux Falls) and Pennington County (Rapid City) handle the highest volumes. South Dakota does not have a comprehensive URLTA-style landlord-tenant act. Eviction procedures are governed by SDCL Chapter 21-16 (Forcible Entry and Detainer).
3 Days
Notice period
$70 - $100
Filing fee
SD Code
Governing law
Magistrate/Circuit
Court level
Why South Dakota Uses 3 Days, Not 7
Important: SD Uses a 3-Day Notice, Not 7
SDCL 21-16-1 requires a 3-day notice for non-payment. South Dakota is one of the most landlord-favorable states.
South Dakota Notice Periods at a Glance
- 3-Day Notice — Non-Payment (SDCL 21-16-1): Tenant has 3 days to pay or vacate
- 3-Day Notice — Lease Violations: 3 days for material breaches
- One Month Notice — Month-to-Month (SDCL 43-32-13): One full month notice to terminate
- Immediate — Criminal Activity: For illegal activity
South Dakota Notice Requirements
South Dakota courts require that eviction notices meet specific content and format standards. An incomplete or incorrectly timed notice will result in dismissal of the eviction case.
Required Notice Content
- Property Address: Full address including unit number, city, and zip code
- Tenant Names: All tenants named on the lease or rental agreement
- Amount Owed or Violation: Exact dollar amount of rent due, or specific description of the lease violation
- Correct Notice Period: 3 days for non-payment as required by South Dakota law
- Consequence Statement: That eviction proceedings will be filed if the tenant does not cure or vacate
- Landlord Information: Name and contact information of the landlord or property manager
How to Serve an Eviction Notice in South Dakota
South Dakota law provides specific methods for serving eviction notices. Proper service and documentation are essential for the court filing.
Personal Delivery
Hand-deliver to the tenant.
Posting
Post on the door if tenant cannot be found.
Certified Mail
Send via certified mail.
Document Service
Prepare proof of service for court.
South Dakota Eviction Timeline
The South Dakota eviction process follows a specific timeline from notice through court proceedings to enforcement.
Serve 3-day notice per SDCL 21-16-1
File FED action in court
Hearing set; tenant served
Hearing held; judgment entered
Writ of possession issued; sheriff enforces
SD evictions are fast — 2-4 weeks uncontested. Contested cases take 4-8 weeks.
South Dakota Eviction Fees & Costs
Below are the typical costs for an eviction proceeding in South Dakota Magistrate or Circuit Court. Actual fees may vary by county.
| Fee / Cost | Typical Amount |
|---|---|
| Court Filing Fee | $70 - $100 |
| Service of Process | $20 - $40 |
| Writ of Possession | $20 - $40 |
| Attorney Fees (optional) | $400 - $1,500 |
| Appeal Filing Fee | $100 |
Sample South Dakota Eviction Notice
Below is a preview of a South Dakota-compliant eviction notice that meets the requirements of SDCL 21-16-1.
3-DAY NOTICE TO PAY OR VACATE
STATE OF SOUTH DAKOTA
Pursuant to SDCL 21-16-1
LANDLORD:
Name: [Full Legal Name]
Address: [South Dakota Address]
TENANT(S):
Name(s): [All Tenant Names]
Rental Address: [Full Property Address]
NOTICE:
You have THREE (3) DAYS to pay $[Amount] or vacate.
SOUTH DAKOTA COMPLIANCE NOTE
SD requires 3 days, not 7 days.