South Dakota Eviction Process: Notice Periods, Timeline, and Costs
Every step a South Dakota landlord has to take to remove a tenant legally, how long each one takes, and the mistakes that force you to start over. Last reviewed 2026-08-21.
Before anything else: eviction in South Dakota is a court process. You cannot change the locks, shut off utilities, or remove a tenant’s belongings to force them out, no matter how far behind they are. Doing so is the most expensive mistake a small landlord can make.
Step 1: Serve the right notice
South Dakota no longer requires a pre-suit notice to quit. Senate Bill 90 (2024 S.L. ch. 75), effective July 1, 2024, repealed SDCL 21-16-2, which had set out the notice-to-quit procedure. What remains is the ground itself: under SDCL 21-16-1(4) a forcible entry and detainer action lies when the tenant holds over after the lease ends or fails to pay rent for three days after it is due. So the rent must be at least three days past due, but no separate written notice is mandated by statute. If your lease promises notice before termination, courts will hold you to that contract term, so read the lease before filing.
SDCL 21-16-1(7) allows a forcible entry and detainer action when the tenant commits waste or breaches lease terms in a way that terminates the lease, but South Dakota sets no statutory cure period or notice for lease violations. Whether the tenant gets notice and a chance to fix the problem depends entirely on what the lease says, and a lease-specified notice period is enforceable against you.
Ending a month-to-month tenancy with no cause
SDCL 43-8-8, as amended by Senate Bill 89 (2024), lets a landlord terminate a tenancy or estate at will by giving written notice to remove within a period of not less than 15 days — down from 30 days before July 1, 2024. Tenants on active military service, and tenants with an immediate family member on active service, are entitled to two months' notice with narrow exceptions. A written month-to-month lease with its own notice clause controls, and SDCL 43-32-13 separately requires at least 30 days' written notice to change the rent or other terms, so many landlords still give a full 30 days.
Step 2: File with the court
SDCL 21-16-3 gives jurisdiction to the circuit court or a magistrate court presided over by a magistrate judge in the county where the property sits. Filing fees generally run about $70-$100 depending on the county, plus sheriff service and writ execution costs.
Under SDCL 21-16-7, as amended by S.B. 90 in 2024, the time for appearance and pleading is five days from the time of service on the defendant, or 30 days after publication of service, whichever is earlier. A continuance beyond 14 days requires the tenant to post an undertaking covering accruing rent and costs.
How long the whole thing takes
South Dakota is among the fastest states now that no notice to quit is required: rent goes three days past due, you file a verified complaint, the tenant has five days to appear, and a hearing and writ follow quickly. Difficult service, service by publication, or a tenant who obtains a continuance and posts the required undertaking are what lengthen it.
What you absolutely cannot do
The repeal of the notice-to-quit statute did not legalize self-help. Under SDCL 43-32-6, if a landlord unlawfully removes or excludes a tenant, or willfully diminishes services by interrupting electricity, gas, water or another essential service, the tenant may sue for injunctive relief, recover possession, or terminate the rental agreement, and in any case recover damages equal to two months' rent plus the return of any advance rent and deposit. Only the sheriff executing the court's writ may remove a tenant or their belongings.
Recent changes to the law
Two 2024 laws changed South Dakota eviction practice as of July 1, 2024. S.B. 90 repealed SDCL 21-16-2, eliminating the statutory notice to quit, and amended SDCL 21-16-7 to give the defendant five days rather than four to appear and plead (with a 30-day alternative after publication). S.B. 89 cut the notice required to end a tenancy at will under SDCL 43-8-8 from 30 days to 15, while adding a two-month notice right for tenants on active military service and their immediate family.
What South Dakota landlords get wrong
A large share of eviction guides still tell South Dakota landlords to serve a three-day notice to quit under SDCL 21-16-2. That statute was repealed effective July 1, 2024 and no longer exists; the three-day figure survives only as the trigger inside SDCL 21-16-1(4) for how late rent must be before you can file. The practical risk now runs the other way: your own lease may promise notice, and a court will enforce that promise even though the statute does not. Because the tenant's appearance window is only five days, get service done cleanly and be ready to prove the lease, the ledger and the amount owed at the first hearing. Individual owners may generally appear on their own behalf; an entity that owns the property should expect to need counsel.
The law itself
Frequently asked questions
Do I still need a 3-day notice to quit in South Dakota?
Not under state law. Senate Bill 90 repealed SDCL 21-16-2 effective July 1, 2024, so no statutory notice to quit is required before filing a forcible entry and detainer action. Rent must still be at least three days past due to make out the ground under SDCL 21-16-1(4). Check your lease though — a notice clause you wrote is still binding on you.
How long does my South Dakota tenant have to respond to an eviction summons?
Five days from the time of service, under SDCL 21-16-7 as amended in 2024 (it was four days before July 1, 2024). If service was by publication, the window is 30 days after publication, whichever comes first. A tenant who wants a continuance longer than 14 days has to post an undertaking covering the rent and costs that accrue.
How much notice do I give to end a month-to-month tenancy in South Dakota?
SDCL 43-8-8 now sets a floor of 15 days for a tenancy at will, reduced from 30 days by Senate Bill 89 in 2024. Active-duty military tenants and their immediate family get two months. If you have a written lease with its own notice clause, that clause controls, and SDCL 43-32-13 requires 30 days to change rent or terms, so many landlords still use 30.
Can I lock out a South Dakota tenant now that no notice is required?
No. Nothing in the 2024 changes touched SDCL 43-32-6, which still makes unlawful removal, exclusion, or willful interruption of electricity, gas, water or other essential services actionable. The tenant can seek an injunction, recover possession or terminate the lease, and collect two months' rent plus the return of advance rent and deposits. Use the court and let the sheriff execute the writ.
Keep reading
The best eviction is the one you never file.
Vantric tracks rent, late payments, and lease dates so problems surface early — while they are still a conversation, not a court date.
Start Free TrialThis page is general information, not legal advice. Eviction procedure is unforgiving of small errors and varies by county. Verify against the official statute text linked above, and talk to a local attorney before you file.