South Dakota Eviction Notice
Create a free South Dakota eviction notice with the state's required notice periods built in. Pick the notice type, fill in the details, and download a PDF.
South Dakota notice periods
Nonpayment: -1 days · Lease violation (cure): n/a · No-cause termination: 30 days.
Tenant Name(s)
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⚠ South Dakota does not set a standard statutory period for this notice — confirm the requirement before serving. MAJOR 2024 REFORM: SB 90 (2024, SL 2024 ch 75; eff. July 1, 2024) REPEALED SDCL 21-16-2, the old 3-day 'notice to quit.' South Dakota now has NO statutory pre-filing pay-or-quit notice for nonpayment of rent. Under SDCL 21-16-1(4) (verbatim), the nonpayment ground for a forcible-detainer action arises once the tenant 'fails to pay his rent for three days after the same shall be due' — a 3-day grace period built into the cause of action, NOT a notice the landlord must serve. After rent is 3+ days past due the landlord may go straight to filing the Summons and Complaint (no written notice required by statute). IMPORTANT for the generator: if the lease itself requires written notice before termination, the landlord must still honor that contractual term even though the statute no longer requires one. Set to -1 because no statutory pay-or-quit NOTICE period exists post-SB90; if the product must output a number, use 3 (the statutory grace days under 21-16-1) and label it a grace period, not a notice.
Notice to Pay Rent or Quit (South Dakota)
NOTICE TO PAY RENT OR QUIT
Date of Notice: ________________
From (Landlord/Agent): [LANDLORD/AGENT NAME], [LANDLORD ADDRESS]
To: [TENANT NAME(S)], Tenant(s) in possession of: [PROPERTY ADDRESS]
YOU ARE HEREBY NOTIFIED that rent is now due and unpaid in the amount of $________. This amount is for unpaid RENT only and excludes late fees, utilities, and other charges unless your state and lease allow them.
You are required to PAY the full amount of rent due within the time required by law, OR to vacate and surrender possession of the property. Payment must be made to [LANDLORD/AGENT NAME] at [LANDLORD ADDRESS], by cash, check, or money order. If you mail payment, it must be RECEIVED by the deadline.
If you do not comply with this notice within the time stated, the landlord may begin legal proceedings to recover possession of the property under SDCL ch. 21-16 (Forcible Entry and Detainer), esp. § 21-16-1 (grounds; nonpayment ripe after 3 days) and § 21-16-2 (Notice to Quit, REPEALED by SL 2024 ch 75 / SB 90); SDCL ch. 43-32 (Lease of Real Property), esp. §§ 43-32-13, 43-32-15, 43-32-18; SDCL 43-8-8 (residential estate at will — 15-day notice, amended by SL 2024 ch 178 / SB 89).
Only a court can order you to move out. The landlord may NOT lock you out, remove your belongings, or shut off your utilities; doing so is illegal.
This notice is given without waiving, and the landlord expressly reserves, all other rights and remedies, including the right to recover unpaid rent and damages.
How this notice may be served: For the court-stage Summons and Complaint in a forcible-entry-and-detainer action, SDCL 21-16-6 directs that a sheriff or authorized person make a minimum of two service attempts on the lessee/subtenant/party in possession, each attempt at least one week apart and both within thirty days; on the second attempt the summons may be posted conspicuously on the property, delivered to a person residing there if found, and sent first-class mail. Pre-suit termination/modification notices under SDCL 43-32-13 must be 'in writing' and served on the tenant; at-will termination notices under 43-8-8 must be given 'in the manner prescribed by § 43-8-9.' SDCL 21-16-7 (as amended by SB 90) now gives the tenant FIVE days (increased from four) to appear and plead after the Summons and Complaint.
_______________________________________
[LANDLORD/AGENT NAME] — Landlord / Authorized Agent
[LANDLORD ADDRESS]
Date: ________________
PROOF OF SERVICE
I served this notice on the tenant(s) on ____________ (date).
Method of service (use a method permitted in your state — see the service note above):
_______________________________________________________________________
_______________________________________ Date: ____________
Signature of person serving the notice
Email yourself a copy (PDF)
Self-help template, not legal advice. Notice periods, wording, and service rules vary by state and city. You cannot remove a tenant yourself — serve a proper notice and, if needed, file in court.
South Dakota Eviction Notice Requirements
In South Dakota, a landlord must serve a written notice before filing for eviction under SDCL ch. 21-16 (Forcible Entry and Detainer), esp. § 21-16-1 (grounds; nonpayment ripe after 3 days) and § 21-16-2 (Notice to Quit, REPEALED by SL 2024 ch 75 / SB 90); SDCL ch. 43-32 (Lease of Real Property), esp. §§ 43-32-13, 43-32-15, 43-32-18; SDCL 43-8-8 (residential estate at will — 15-day notice, amended by SL 2024 ch 178 / SB 89). The required notice period depends on the reason:
- Nonpayment of rent: -1-day notice to pay or quit. MAJOR 2024 REFORM: SB 90 (2024, SL 2024 ch 75; eff. July 1, 2024) REPEALED SDCL 21-16-2, the old 3-day 'notice to quit.' South Dakota now has NO statutory pre-filing pay-or-quit notice for nonpayment of rent. Under SDCL 21-16-1(4) (verbatim), the nonpayment ground for a forcible-detainer action arises once the tenant 'fails to pay his rent for three days after the same shall be due' — a 3-day grace period built into the cause of action, NOT a notice the landlord must serve. After rent is 3+ days past due the landlord may go straight to filing the Summons and Complaint (no written notice required by statute). IMPORTANT for the generator: if the lease itself requires written notice before termination, the landlord must still honor that contractual term even though the statute no longer requires one. Set to -1 because no statutory pay-or-quit NOTICE period exists post-SB90; if the product must output a number, use 3 (the statutory grace days under 21-16-1) and label it a grace period, not a notice.
- Curable lease violation: not separately specified. South Dakota has no general statutory cure-or-quit notice for curable lease violations. SDCL 43-32-18 (verbatim) lets a landlord terminate the lease and reclaim the premises before the end of the agreed term when the tenant (1) uses or permits use of the premises in a manner contrary to the lease agreement, or (2) does not within a reasonable time after request make such repairs as the tenant is bound to make. The 'reasonable time after request' for repairs is the only cure window and is not expressed as a fixed number of days. With 21-16-2's notice to quit repealed, a lease violation proceeds to a forcible-entry-and-detainer action under SDCL 21-16-1 (holdover ground) with no statutory cure-notice period. -1 = no fixed statutory cure-day count.
- No-cause termination (month-to-month): 30-day notice. Figure depends on tenancy type. (a) Documented MONTH-TO-MONTH: SDCL 43-32-13 lets the landlord, on written notice 'at least thirty days before the expiration of the month,' modify the lease to take effect at month's end; SDCL 43-32-15 requires a termination notice at least as long before expiration as the term itself, 'not exceeding one month.' Use 30 days as the safe figure for a documented month-to-month. (b) RESIDENTIAL TENANCY/ESTATE AT WILL (no fixed term): 2024 SB 89 (SL 2024 ch 178, § 1) amended SDCL 43-8-8 — a residential estate at will 'may be terminated by the landlord giving notice to the tenant in the manner prescribed by § 43-8-9 to remove from the premises within a period... of not less than fifteen days' (reduced from 30). A tenant on active military service (or with an immediate-family member on active service) gets two months' notice, with narrow exceptions. NOTE the 15-day rule lives in SDCL 43-8-8, NOT chapter 43-32. consumer.sd.gov's FastFacts page still reflects stale pre-2024 figures.
Service: For the court-stage Summons and Complaint in a forcible-entry-and-detainer action, SDCL 21-16-6 directs that a sheriff or authorized person make a minimum of two service attempts on the lessee/subtenant/party in possession, each attempt at least one week apart and both within thirty days; on the second attempt the summons may be posted conspicuously on the property, delivered to a person residing there if found, and sent first-class mail. Pre-suit termination/modification notices under SDCL 43-32-13 must be 'in writing' and served on the tenant; at-will termination notices under 43-8-8 must be given 'in the manner prescribed by § 43-8-9.' SDCL 21-16-7 (as amended by SB 90) now gives the tenant FIVE days (increased from four) to appear and plead after the Summons and Complaint.
- 2024 REFORM (SB 90, SL 2024 ch 75, eff. July 1, 2024): South Dakota REPEALED its 3-day notice to quit (former SDCL 21-16-2). There is now NO statutory written notice a landlord must serve before filing eviction for nonpayment of rent.
- Nonpayment ground (SDCL 21-16-1(4)) ripens once rent is unpaid 'for three days after the same shall be due' — a 3-day grace period baked into the cause of action, not a notice the landlord serves. After day 3, the landlord can file the Summons and Complaint directly.
- No statewide just-cause eviction law. Landlords may end tenancies without cause: 30 days' written notice for a documented month-to-month (SDCL 43-32-13/-15); 15 days for a residential tenancy/estate at will under SDCL 43-8-8 (amended by 2024 SB 89), with 2 months for active-military tenants.
- Lease violations are handled under SDCL 43-32-18 (terminate before end of term for use contrary to the lease, or failure to repair within a reasonable time after request) — no fixed statutory cure-day count.
- If a lease contractually requires written notice before termination, the landlord must still honor it even though the statute no longer requires one. consumer.sd.gov's FastFacts page still shows stale pre-2024 figures.
- 2024 SB 90 also amended SDCL 21-16-7: tenant's time to appear and plead (file an Answer) increased from four days to five days after the Summons and Complaint.
South Dakota Eviction Notices by Type
Frequently Asked Questions
How many days notice to evict for nonpayment in South Dakota?
South Dakota requires a -1-day notice to pay rent or quit before a landlord can file for eviction. MAJOR 2024 REFORM: SB 90 (2024, SL 2024 ch 75; eff. July 1, 2024) REPEALED SDCL 21-16-2, the old 3-day 'notice to quit.' South Dakota now has NO statutory pre-filing pay-or-quit notice for nonpayment of rent. Under SDCL 21-16-1(4) (verbatim), the nonpayment ground for a forcible-detainer action arises once the tenant 'fails to pay his rent for three days after the same shall be due' — a 3-day grace period built into the cause of action, NOT a notice the landlord must serve. After rent is 3+ days past due the landlord may go straight to filing the Summons and Complaint (no written notice required by statute). IMPORTANT for the generator: if the lease itself requires written notice before termination, the landlord must still honor that contractual term even though the statute no longer requires one. Set to -1 because no statutory pay-or-quit NOTICE period exists post-SB90; if the product must output a number, use 3 (the statutory grace days under 21-16-1) and label it a grace period, not a notice.
Can a landlord evict without notice in South Dakota?
No. A written notice is required before filing, and only a court can order a tenant removed. Self-help lockouts are illegal.
Does South Dakota require just cause to evict?
South Dakota does not have a statewide just-cause requirement, though some cities may. A month-to-month tenancy can generally be ended with a 30-day notice.
Disclaimer
This South Dakota eviction notice generator is a self-help tool for general informational purposes only and is not legal advice. Confirm South Dakota and local requirements before serving, and consult a landlord-tenant attorney for contested cases.