🔴 Landlord-friendly — act fast

Eviction notice rules in South Dakota

Hard warning: South Dakota repealed its pre-filing notice requirement in 2024 (SB 90). Landlords here do not have to give you written notice before filing. But they still must file in court and win — only a judge can evict you.

Nonpayment notice

No pre-filing written notice is required: SB 90 (SL 2024, ch. 75, eff. July 1, 2024) repealed SDCL § 21-16-2, the old notice-to-quit-before-filing statute. Rent must simply be 3 days past due before a nonpayment case can be filed (SDCL § 21-16-1(4)). A landlord may still give a notice voluntarily, but it is not a legal prerequisite.

Lease-violation notice

No statutory cure period; a landlord may terminate for material lease violations (e.g., misuse of premises, failure to make requested repairs) under SDCL § 43-32-18 with 'reasonable' notice — exact period unverified, needs attorney review.

Unconditional quit (no second chance)

No statutory unconditional-quit category; waste or grounds for termination under the lease allow the landlord to start the eviction process immediately without notice (SDCL § 21-16-1(7)).

No-cause / end-of-tenancy notice

Month-to-month: 30 days' written notice (SDCL § 43-32-13). Active-duty servicemembers and immediate family: 2 months (SDCL § 43-8-8). Week-to-week: 1 week (SDCL § 43-32-15). Fixed-term leases end on their stated date with no notice required (§ 43-32-22(1)).

How the notice must be served

No pre-filing notice to serve; the verified complaint and summons (SDCL § 21-16-6) is the tenant's formal notice of the case.

Your right to fix it (cure)

No statutory cure right for any violation in South Dakota.

How days are counted

Unverified — needs attorney review.

After the notice expires

Landlord files a Forcible Entry and Detainer action (SDCL Ch. 21-16); tenant need not leave until a court orders possession. Self-help is illegal.

Court timeline

Summons and verified complaint start the case; tenant gets a 5-day answer period (SDCL § 21-16-7, lengthened from 4 days by the 2024 law). Total timeline typically 1-2 months.

Retaliation & defenses

Retaliation and discrimination defenses not verified in this pass — needs attorney review.

The one thing to remember: in South Dakota, as in every state, a notice is not an eviction. Your landlord must file a case, serve you properly, and win before a judge. Only a court order can remove you.

Get the $29 Notice Decoder Kit

Notice validity deep-check, response letter generator, court timeline planner, and rental assistance finder — all included in the $29 kit.

Get the kit — $29

← Back to the free notice checker