South Dakota Notice to Pay Rent or Quit
Create a free South Dakota notice to pay rent 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. 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 July 1, 2024) REPEALED SDCL 21-16-2, the old 3-day 'notice to quit.'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.
Tenant Name(s)
Live Preview
⚠ 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 July 1, 2024) REPEALED SDCL 21-16-2, the old 3-day 'notice to quit.'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. 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 Pay Rent or Quit Rules
A Notice to Pay Rent or Quit is the first step a landlord takes when a tenant has not paid rent. It demands that the tenant pay the full amount owed within the state's required number of days or move out, before the landlord can file for eviction.
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. 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 Pay Rent 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 pay rent or quit?
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.
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 pay rent 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.
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