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South Dakota Eviction Notice (2026)

Notice to pay rent or quit, cure a violation or vacate — with your state's exact notice period, statutory wording, day counting and service rules.

Updated September 2026≈ 6 minReviewed against S.D. Codified Laws § 21-16-1 · S.D. Codified Laws § 21-16-2; § 43-32-18 · S.D. Codified Laws § 21-16-3
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What you'll get

Sample first page of the Eviction Notice. Your answers fill in the blanks; the clauses required in South Dakota are added automatically.

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Sample first page of the Eviction Notice: title block and opening sections with blanks to fill

Sample first page of the Eviction Notice. Your answers fill in the blanks; the clauses required in South Dakota are added automatically.

This preview updates as you type. Blank fields show as ____ .

What this document covers

  • Reason: nonpayment, lease violation or unconditional quit
  • State notice period and day counting
  • Tenants, occupants and premises
  • Amount past due and rental periods
  • Where, when and how rent may be paid
  • Description of the violation and how to cure
  • Statutory wording and bold notices your state requires
  • CARES Act 30-day rule for covered properties
  • Method of service permitted in your state
  • Proof of service for the court

South Dakota rules that this document follows

Nonpayment of rent3 days — 3-Day Notice to QuitSource: S.D. Codified Laws § 21-16-1(4); § 21-16-2
Lease violation3 days — no statutory right to cureSource: S.D. Codified Laws § 21-16-1(5); § 21-16-2
Unconditional quit3 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 methodsPersonal delivery to the tenant; Delivery to a person of suitable age at the premises + first-class mail; Posting in a conspicuous place on the premisesSource: S.D. Codified Laws § 21-16-3
StatuteS.D. Codified Laws Ch. 21-16 (Forcible Entry and Detainer); Ch. 43-32 (Lease of Real Property)

Rules current as of 2026-10-27. 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 from the day of service — the deadline is the first thing a judge checks; this generator does the counting for you. 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 delivery to the tenant; Delivery to a person of suitable age at the premises + first-class mail; Posting in a conspicuous place on the premises. 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.

Other names

  • notice to quit
  • pay or quit notice
  • 3 day notice
  • notice to vacate
  • eviction letter
  • notice to cure or quit
  • late rent notice
  • demand for possession

Related documents

Other states

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.