South Dakota Eviction Notice
Create a proper South Dakota eviction notice — pay-or-quit, cure-or-quit, or termination — and download a print-ready PDF. Free, no signup. The preview updates as you type.
Maintained by the SealForms editorial team · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
What happens after the notice in South Dakota
If the tenant does not comply, the eviction moves to court. These are South Dakota’s own rules for that step, from the judiciary and the statute.
- What the case is called. In South Dakota an eviction lawsuit is a(n) Forcible entry and detainer (or detainer only) action. — SDCL § 21-16-1 (Grounds for maintenance of action; SL 1992 ch 156 § 1) ↗
- Where to file. If the tenant doesn’t comply with the notice, the landlord files in the Circuit Court or Magistrate Court (magistrate judge). — SDCL § 21-16-3 (Jurisdiction of courts; SL 1992 ch 156 § 2) ↗
- How to serve the notice. Written notice delivered to the tenant or to a person of discretion residing on the premises; if neither can be found with reasonable diligence, by affixing it on a conspicuous part of the premises (rule for estate-at-will termination notices). — SDCL § 43-8-9 (Written notice to terminate estate at will; manner of delivery) ↗
- Filing fee. $72 filing fee (statewide UJS checklist, rev. 07-2026), plus sheriff/process server fee. — SD UJS Form UJS-109 Checklist for an Eviction Action (07-2026) ↗
- No self-help. SDCL § 43-32-6: lessor who unlawfully removes/excludes a residential tenant or willfully interrupts electric, gas, water or other essential service is liable for two months' rent plus return of advance rent and deposit; tenant may sue for injunction or possession. — SDCL § 43-32-6 (SL 1982 ch 299) ↗
Each point links to the South Dakota source it was taken from. Rules change; confirm before relying on them.
South Dakota notice periods · as of 2026
- Non-payment of rent
- No fixed statutory notice
- Lease violation (cure)
- Often unconditional
- End month-to-month
- 15 days
Source: SDCL ch. 21-16 (21-16-2 repealed by SB 90, 2024); SDCL 43-32-13 (SB 89, 2024) · verify ↗. Using the wrong number can void the notice — confirm the current rule before you serve it.
Live preview · updates as you type
Notice to Pay or Quit / Vacate
State of South Dakota
Date: __________. To: __________ ("Tenant"), and all occupants of __________ (the "Premises").
You are hereby notified that you are in violation of your tenancy for the following reason: __________ . Amount due, if applicable: $______.
You are required, within ____ days as required by South Dakota law, on or before__________, to cure the violation (or pay the amount due) OR to vacate and surrender the Premises. If you fail to do so, the landlord may begin eviction proceedings in court.
This notice is given under the landlord-tenant laws of the State of South Dakota. Nothing here waives the landlord’s rights.
Generated with SealFormsReflects South Dakota law · verified 2026
Types of eviction notice
- Pay or quit — for unpaid rent: pay by the deadline or move out.
- Cure or quit — for a lease violation: fix it by the deadline or move out.
- Unconditional / termination — to end a month-to-month tenancy or for serious violations.
South Dakota notice period & service
The number of days and how you must deliver the notice are set by South Dakota law — get both right, keep proof of service, and never lock out or remove a tenant yourself. Check the current South Dakota eviction rules before serving.
Frequently asked questions
How many days notice do I have to give in South Dakota?
South Dakota does not require a fixed pre-filing notice period for non-payment in the usual case (as of 2026) — the rules are set by SDCL ch. 21-16 (21-16-2 repealed by SB 90, 2024); SDCL 43-32-13 (SB 89, 2024). Confirm your situation, since just-cause and local rules can apply, before serving anything.
Is an eviction notice the same as eviction?
No. The notice is the required first step — it gives the tenant a chance to pay, fix the problem, or move out by a deadline. If they don’t, you then file an eviction (unlawful detainer) case in court. You cannot lock out or remove a tenant yourself; only a court and law enforcement can carry out an eviction.
How do I serve the notice in South Dakota?
States set rules for delivery — often personal delivery, leaving it with an adult at the home, and/or mailing a copy. Keep proof of how and when you served it. Improper service is a common reason eviction cases get dismissed, so follow South Dakota’s method carefully.
Do I need a lawyer?
Not always for the notice itself, but eviction is technical and a small mistake can restart the clock. For contested cases, commercial properties, or if the tenant has an attorney, it’s worth consulting a landlord-tenant lawyer in South Dakota.
Where does a landlord file an eviction case in South Dakota?
If the tenant does not comply with the notice, the landlord files in the Circuit Court or Magistrate Court (magistrate judge) (the case is called a(n) Forcible entry and detainer (or detainer only) action). Source: SDCL § 21-16-3 (Jurisdiction of courts; SL 1992 ch 156 § 2).
How must an eviction notice be served in South Dakota?
Written notice delivered to the tenant or to a person of discretion residing on the premises; if neither can be found with reasonable diligence, by affixing it on a conspicuous part of the premises (rule for estate-at-will termination notices). Source: SDCL § 43-8-9 (Written notice to terminate estate at will; manner of delivery).
What does it cost to file an eviction in South Dakota?
$72 filing fee (statewide UJS checklist, rev. 07-2026), plus sheriff/process server fee. Source: SD UJS Form UJS-109 Checklist for an Eviction Action (07-2026).
How does South Dakota compare? See the notice periods in all 50 states, every figure cited to statute. Not sure which notice applies? Try the 2-question wizard.
How South Dakota compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for South Dakota: SDCL ch. 21-16 (21-16-2 repealed by SB 90, 2024); SDCL 43-32-13 (SB 89, 2024) ↗.
- Notice to pay rent or quit
South Dakota has no fixed statutory pay-or-quit period — the lease terms and court rules control, so state the deadline explicitly in the notice.
Notice to pay rent or quit in neighboring states — Iowa (3 days), Minnesota (14 days), Montana (3 days), Nebraska (7 days), North Dakota (3 days), Wyoming (3 days).
- Notice to cure a lease violation
South Dakota sets no statutory cure period for lease violations; check the lease and local court rules before serving.
Notice to cure a lease violation in neighboring states — Iowa (7 days), Minnesota (no statutory rule), Montana (14 days), Nebraska (14 days), North Dakota (no statutory rule), Wyoming (3 days).
- Notice to end a month-to-month tenancy
Notice to end a month-to-month tenancy: 15 days — well under the national median of 30 days across the 51 states with a statutory rule.
Ranked #46 of 51 states (tied with 2) — higher means a longer notice period.
2 other states use the same figure.
Notice to end a month-to-month tenancy in neighboring states — Iowa (30 days), Minnesota (30 days), Montana (30 days), Nebraska (30 days), North Dakota (30 days), Wyoming (30 days). South Dakota's 15 days is the shortest among its neighbors.
Eviction notice in other states
More South Dakota legal forms
Different state? See eviction notices by state →