SD
Updated 2025
Landlord-Friendly State
South Dakota Eviction Laws 2025: What Happens If You Miss a Deadline?
Eviction in South Dakota follows strict legal procedures. Missing a single deadline or serving improper notice can delay the process by weeks or result in case dismissal. This guide covers every timeline, penalty, and common mistake.
Choose Your Perspective
Non-Payment Notice
3 days
Lease Violation
Immediate
Month-to-Month
30 days
Court Timeline
5-10 days
Legal Consequences of Eviction Violations in South Dakota
Both landlords and tenants face serious consequences for mishandling the eviction process in South Dakota. Here's what's at stake:
Landlord Violations
- Self-Help Eviction: Changing locks, removing doors, shutting off utilities, or removing tenant belongings without court order. Landlord may owe damages, punitive damages, and attorney fees.
- Improper Notice: Serving wrong notice type, wrong number of days, or improper service method. Case will be dismissed and landlord must restart the process.
- Retaliatory Eviction: Evicting because tenant complained about habitability issues or exercised legal rights. South Dakota prohibits retaliatory evictions.
- Discriminatory Eviction: Evicting based on protected class (race, religion, familial status, disability). Federal and South Dakota fair housing laws apply.
Tenant Consequences
- Eviction Judgment: Public record that appears in background checks, making future rentals difficult for 7+ years.
- Money Judgment: Court may award landlord unpaid rent, damages, court costs, and attorney fees.
- Forced Removal: Sheriff will physically remove tenant and belongings if tenant doesn't vacate after judgment.
- Credit Damage: Money judgments reported to credit bureaus can damage credit score significantly.
Timelines and Deadlines for South Dakota Evictions
Missing any of these deadlines can delay eviction by weeks or result in case dismissal. South Dakota law is strict about these timelines:
| Stage | South Dakota Timeline | Consequence of Error |
|---|---|---|
| Non-Payment Notice | 3 days to pay or quit | Case dismissed if notice period not met |
| Lease Violation Notice | Immediate to cure or quit | Must restart with new notice if incorrect |
| Month-to-Month Termination | 30 days advance notice | Tenant not required to vacate until proper notice |
| File Court Case | After notice period expires | Filing early = case dismissed |
| Court Hearing | 5-10 days from filing | Varies by court backlog |
| Writ of Possession | Typically 24-72 hours after judgment | Sheriff schedules enforcement |
Critical: South Dakota courts count notice days strictly. If the notice says 3 days, that means 3 days of calendar days, and filing even one day early can result in dismissal.
Penalties and Enforcement in South Dakota
South Dakota enforces eviction laws through courts. Here's what each party risks:
Illegal Eviction Penalties
Landlords who attempt self-help evictions in South Dakota face:
- Actual Damages: Cost of hotel, moving expenses, damaged property
- Statutory Damages: May include multiple months' rent
- Punitive Damages: Court may award additional punishment
- Attorney Fees: Tenant's legal costs
- Criminal Charges: In severe cases, harassment or trespassing
Example Illegal Eviction Scenario
Landlord changes locks while tenant is at work. Tenant stays in hotel for 5 nights ($150/night = $750), loses work (2 days = $400), and hires lawyer ($1,500). Court awards: $750 + $400 + $1,500 + 3 months' rent ($4,500) = $7,150.
Eviction Judgment Consequences
Tenants with eviction judgments face:
- Public Record: Eviction shows in court records and background checks
- Rental Difficulty: Most landlords reject applicants with evictions
- Money Judgment: Owed rent, damages, fees may be collected through wage garnishment
- Credit Impact: Collections may appear on credit report
Sealing/Expungement
Some South Dakota courts allow sealing of eviction records in certain circumstances, such as when tenant prevailed, case was dismissed, or tenant completed diversion program.
Common Eviction Mistakes in South Dakota
These errors are the most frequent causes of eviction delays and dismissals in South Dakota:
Landlord Mistakes
- Wrong Notice Type: Using pay-or-quit notice for lease violations, or vice versa. Must match the eviction reason.
- Wrong Notice Period: South Dakota requires 3 days for non-payment. Using federal or other state timelines causes dismissal.
- Improper Service: Must serve notice according to South Dakota rules (personal service, posting, mail). Skipping steps invalidates notice.
- Filing Too Early: Filing court case before notice period expires. Court will dismiss.
- Accepting Rent: Accepting full rent after serving notice may waive the eviction. Partial payment rules vary.
Tenant Mistakes
- Ignoring Notice: Hoping the problem goes away. Notice deadlines are strict and ignoring them leads to default judgment.
- Missing Court: Failing to appear at hearing results in automatic judgment for landlord.
- Not Documenting: Failing to keep copies of rent payments, communication, and property condition.
- Moving Without Settlement: Vacating without addressing money owed. Judgment can still be entered and collected.
- Not Seeking Help: South Dakota has tenant rights organizations and legal aid that can help, often for free.
What Happens If This Is Handled Incorrectly?
Eviction cases that are mishandled can have serious long-term consequences. Here are common scenarios:
What happens: Tenant calls police. Landlord may be cited for trespassing or harassment. Tenant can sue for illegal eviction and recover actual damages, statutory penalties, punitive damages, and attorney fees. Meanwhile, tenant is entitled to remain in the property. Total cost to landlord can exceed $10,000+, and they still have to go through the proper eviction process.
What happens: Case is dismissed at hearing. Landlord has wasted filing fees ($100-300), service fees ($50-100), and 5-10 days of time. Must start completely over with new notice, adding another 3 days notice period plus 5-10 days court timeline. A 3-week eviction becomes a 2-month eviction.
What happens: Default judgment entered against tenant for full amount of rent owed, damages, court costs, and attorney fees. Eviction record appears in background check. Tenant may have wages garnished to pay judgment. Even if tenant had valid defenses (improper notice, habitability issues), they've waived them by not appearing.
What happens: Case is decided quickly by a judge who may have limited time. Tenant doesn't have time to gather evidence, find witnesses, or consult an attorney. In South Dakota, tenants may have the right to request a jury trial or continuance, which can provide more time to prepare a defense or negotiate with the landlord.
South Dakota Eviction FAQ
Quick answers to the most common eviction questions in South Dakota:
NO In South Dakota, landlords must go through the court system to legally evict a tenant. "Self-help" evictions (changing locks, shutting off utilities, removing belongings) are illegal in all 50 states and can result in the landlord paying significant damages to the tenant.
IT DEPENDS In South Dakota, tenants often have the right to pay all past-due rent plus fees within the 3 days notice period to stop the eviction. Once a court case is filed, the landlord may still have to accept payment in some jurisdictions. However, for repeat non-payment or lease violations, the landlord may not be required to accept payment.
LANDLORD-FRIENDLY South Dakota is considered a landlord-friendly state. This means shorter notice periods (3 days for non-payment), faster court timelines (5-10 days), and fewer barriers to eviction for landlords.
IT DEPENDS For month-to-month tenancies, most South Dakota landlords can terminate with 30 days notice without stating a reason. However, for fixed-term leases, landlords generally need cause (non-payment, lease violation, etc.). Discrimination and retaliation are never valid reasons for eviction.
YES If a judgment is entered against the tenant, the eviction becomes a public court record. Tenant screening services will find it in background checks, making it difficult to rent for 7+ years. Some South Dakota courts allow sealing or expungement in limited circumstances.
YES South Dakota does not have a statewide winter eviction moratorium. Evictions can proceed year-round. Some local jurisdictions may have temporary pauses during extreme weather. Emergency rental assistance programs may be available to help tenants avoid eviction.
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