South Dakota Unconditional Quit Notice
Create a free South Dakota unconditional quit notice. 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 does not codify a separate 'unconditional quit' notice tier with a fixed day count. After the 2024 repeal of 21-16-2, eviction for any cause (nonpayment, holdover, lease violation, use contrary to lease under 43-32-18) proceeds directly via a forcible-entry-and-detainer Summons and Complaint under SDCL ch. 21-16; there is no pre-suit statutory notice period for severe/repeat conduct. -1 = not recognized as a distinct fixed-day notice.
Tenant Name(s)
Live Preview
⚠ South Dakota does not set a standard statutory period for this notice — confirm the requirement before serving. South Dakota does not codify a separate 'unconditional quit' notice tier with a fixed day count. After the 2024 repeal of 21-16-2, eviction for any cause (nonpayment, holdover, lease violation, use contrary to lease under 43-32-18) proceeds directly via a forcible-entry-and-detainer Summons and Complaint under SDCL ch. 21-16; there is no pre-suit statutory notice period for severe/repeat conduct. -1 = not recognized as a distinct fixed-day notice.
Unconditional Quit Notice (South Dakota)
UNCONDITIONAL QUIT NOTICE
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, because of the following: [state the specific serious or repeated violation / illegal activity, with dates and facts], your tenancy is terminated. You are required to vacate and surrender possession of the property as required by law. This notice does not give an opportunity to cure.
IMPORTANT: An unconditional (no-cure) notice is valid only for the serious or non-curable grounds your state specifically allows. Confirm this situation qualifies — otherwise a notice that gives a chance to cure may be required.
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 Unconditional Quit Notice Rules
An Unconditional Quit Notice is the harshest eviction notice. It orders the tenant to move out without a chance to fix the problem, and is generally reserved for serious situations such as illegal activity, major property damage, or repeat violations. States limit when it can be used.
South Dakota does not set a standard statutory period for this notice — confirm the requirement before serving. South Dakota does not codify a separate 'unconditional quit' notice tier with a fixed day count. After the 2024 repeal of 21-16-2, eviction for any cause (nonpayment, holdover, lease violation, use contrary to lease under 43-32-18) proceeds directly via a forcible-entry-and-detainer Summons and Complaint under SDCL ch. 21-16; there is no pre-suit statutory notice period for severe/repeat conduct. -1 = not recognized as a distinct fixed-day 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 Unconditional Quit Notice 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 unconditional quit notice?
South Dakota does not set a standard statutory period for this notice — confirm the requirement before serving. South Dakota does not codify a separate 'unconditional quit' notice tier with a fixed day count. After the 2024 repeal of 21-16-2, eviction for any cause (nonpayment, holdover, lease violation, use contrary to lease under 43-32-18) proceeds directly via a forcible-entry-and-detainer Summons and Complaint under SDCL ch. 21-16; there is no pre-suit statutory notice period for severe/repeat conduct. -1 = not recognized as a distinct fixed-day 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 unconditional quit 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.
Know someone who could use this? Share this free tool: