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South Dakota, United States

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.

Reflects current South Dakota rules · 2026 Official source linked Free PDF · no signup · nothing uploaded

Maintained by Rapi Stack · 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.

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Source: SDCL ch. 21-16 (21-16-2 repealed by SB 90, 2024); SDCL 43-32-13 (SB 89, 2024) · verify ↗.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.

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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.

If the tenant moves out still owing rent, the notice won’t collect it. Put the amount and a deadline in writing with a South Dakota demand letter for payment; if it’s ignored, you can file in South Dakota small claims court, where the limit is $12,000.

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pre-filing notice period for non-payment in the usual case (as of 2026) — the rules are set by SDCL ch. 21-16 (21-16-2 repealed by SB 90, 2024); SDCL 43-32-13 (SB 89, 2024).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.

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.

The rest of what South Dakota requires

The figures below are South Dakota's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full South Dakota page for that document.

Security deposit cap · as of 2026
1 month's rent S.D. Codified Laws §43-32-6.1 & §43-32-24 ↗
Deposit return deadline · as of 2026
14 days after move-out S.D. Codified Laws §43-32-6.1 & §43-32-24 ↗
Notice to end a month-to-month tenancy · as of 2026
30 days S.D. Codified Laws §43-32-6.1 & §43-32-24 ↗
Small claims limit · as of 2026
$12,000 SDCL 16-12C-13 (jurisdictional limit); SDCL ch. 15-39 (small claims procedure) ↗
Where you file · as of 2026
Small claims procedure in Magistrate Court / Circuit Court (SD Unified Judicial System) · filing fee $24.84 to $42.84 all-in by claim size per the official UJS schedule: up to $100 = $24.84; $100.01-$1,000 = $30.84; $1,000.01-$3,999.99 = $40.84; $4,000-$12,000 = $42.84; add $11.84 per additional defendant (totals include certified-mail service). SDCL 16-12C-13 (jurisdictional limit); SDCL ch. 15-39 (small claims procedure) ↗
Rental application fee · as of July 2026
No statutory limit South Dakota Codified Laws ↗
Bill of sale notarization · as of 2026
Not required South Dakota DMV (Form MV-016) ↗
Power of attorney signing · as of 2026
Notarization required S.D. Codified Laws §59-12-4 (form §59-12-41) ↗
LLC operating agreement · as of 2026
Not required by statute, but it controls over the default rules SDCL §§ 47-34A-101(14), 47-34A-103 ↗
Recording a deed · as of 2026
County Register of Deeds (SDCL 43-28-1 — 'must be recorded by the register of deeds of the county in which the real property... is situated') · no witnesses SDCL 43-25-26 ↗

Eviction notice in other states

More South Dakota legal forms

Different state? See eviction notices by state →