South Dakota Notice to Cure or Quit
Create a free South Dakota notice to cure or quit. South Dakota does not set a standard statutory period for this notice — confirm the requirement before serving. Fill in the details, preview it live, and download a PDF or email it.
South Dakota requirement
South Dakota does not set a standard statutory period for this notice — confirm the requirement before serving. 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 With 21-16-2's notice to quit repealed, a lease violation proceeds to a forcible-entry-and-detainer action under SDCL 21-16-1 (holdover ground) with no statutory cure-notice period.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.
Tenant Name(s)
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⚠ South Dakota does not set a standard statutory period for this notice — confirm the requirement before serving. 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 With 21-16-2's notice to quit repealed, a lease violation proceeds to a forcible-entry-and-detainer action under SDCL 21-16-1 (holdover ground) with no statutory cure-notice period.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.
Notice to Cure or Quit (South Dakota)
NOTICE TO CURE 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 you have violated the lease/rental agreement as follows: [describe the specific lease section and the facts/dates of the violation]. You are required to CORRECT (cure) this violation within the time required by law, OR to vacate and surrender possession of the property.
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. You cannot remove a tenant yourself — serve a proper notice and, if needed, file in court. Confirm South Dakota and local rules first.
South Dakota Notice to Cure or Quit Rules
A Notice to Cure or Quit is used when a tenant has violated the lease in a way that can be fixed (a "curable" breach), such as an unauthorized pet or occupant. It gives the tenant a set number of days to correct the problem or move out.
South Dakota does not set a standard statutory period for this notice — confirm the requirement before serving. 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. The notice is served 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).
How to Serve a Notice to Cure or Quit in South Dakota
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. A defective notice or improper service can get an eviction dismissed.
Frequently Asked Questions
How many days is a South Dakota notice to cure or quit?
South Dakota does not set a standard statutory period for this notice — confirm the requirement before serving. 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.
What happens after I serve the notice?
If the tenant does not comply by the deadline, you can file an eviction case in South Dakota court. Only a court order, enforced by a sheriff or constable, can remove the tenant.
Can I email or download the notice?
Yes — fill in the form above, then download the PDF or email a copy to yourself. Serve it on the tenant using a method South Dakota allows.
Disclaimer
This South Dakota notice to cure or quit generator is a self-help tool for general informational purposes only and is not legal advice. Confirm South Dakota and local requirements before serving.