South Dakota Eviction Notice
Notice to pay rent or quit, cure a violation or vacate — with your state's exact notice period, required wording and service rules.
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South Dakota rules that this document follows
| Nonpayment of rent | 3 days — 3-Day Notice to QuitSource: S.D. Codified Laws § 21-16-1(4); § 21-16-2 |
|---|---|
| Lease violation | 3 days — no right to cureSource: S.D. Codified Laws § 21-16-1(5); § 21-16-2 |
| Unconditional quit | 3 days — Holdover, nonpayment, or breach — 3-day notice to quit in all cases; immediate termination if tenant substantially damages property or creates a nuisance (§ 43-32-18)Source: S.D. Codified Laws § 21-16-2; § 43-32-18 |
| Permitted service methods | personal, substituted, postingSource: S.D. Codified Laws § 21-16-3 |
| Statute | S.D. Codified Laws Ch. 21-16 (Forcible Entry and Detainer); Ch. 43-32 (Lease of Real Property) |
Rules current as of 2026-09-07. Statutes change; verify before relying on them.
How to use this Eviction Notice in South Dakota
Serve the notice exactly as South Dakota law allows and count the days correctly — the deadline is the first thing a judge checks. Do not include late fees in a pay-or-quit amount unless your state permits it. If the tenant pays the full amount in time, the notice is satisfied.
Keep a copy of the notice and the signed proof of service; you will attach both to the court complaint if the tenant does not comply.
Frequently asked questions
How many days' notice for nonpayment of rent in South Dakota?
3 days (3-Day Notice to Quit), S.D. Codified Laws § 21-16-1(4); § 21-16-2. Properties covered by the CARES Act require at least 30 days.
How must the notice be delivered?
personal, substituted, posting. S.D. Codified Laws § 21-16-3 Keep the completed proof of service — the court will ask for it.
Can I change the locks or shut off utilities instead?
No. Self-help eviction is illegal in every state and exposes the landlord to damages. After the notice period expires you must file an eviction case in court.
Related documents
- Residential Lease Agreement — South Dakota
- Room Rental Agreement — South Dakota
- Rental Application — South Dakota
- Lease Termination Letter — South Dakota
Other states
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FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.
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