How to Evict a Tenant in South Dakota: Step-by-Step Landlord Guide
Complete guide for South Dakota landlords on the legal eviction process. Learn the exact notice requirements, court procedures, and timelines to successfully remove a problem tenant while staying compliant with SD law.
Non-Payment Notice
3 days
Violation Notice
Immediate
Month-to-Month
30 days
Court Timeline
5-10 days
Never change locks, shut off utilities, or remove tenant belongings without a court order. Doing so can result in civil liability of 2-3x damages, criminal charges, and the tenant being reinstated.
South Dakota Eviction Process: Step-by-Step
1 Establish Valid Grounds
In South Dakota, you can evict a tenant for:
- Non-payment of rent - Most common reason
- Lease violations - Unauthorized pets, subletting, noise, etc.
- Illegal activity - Criminal conduct on premises
- Property damage - Beyond normal wear and tear
- Lease expiration - With proper notice
2 Serve Proper Written Notice
South Dakota notice requirements:
| Non-Payment of Rent | 3 days Pay or Quit Notice |
| Lease Violation | Immediate Cure or Quit Notice |
| Month-to-Month Termination | 30 days Notice to Vacate |
Notice must be served properly (personal delivery, posting, or certified mail depending on SD rules).
3 Wait for Notice Period to Expire
You cannot file for eviction until the notice period has fully passed. If the tenant:
- Pays rent / cures violation: Eviction stops (in most cases)
- Vacates: No court action needed
- Does nothing: Proceed to step 4
4 File Eviction Lawsuit
File an unlawful detainer action in South Dakota court. You'll need:
- Copy of the lease agreement
- Proof of notice service
- Documentation of violations/non-payment
- Filing fee (varies by county)
5 Attend Court Hearing
Typical timeline in South Dakota: 5-10 days from filing. At the hearing:
- Present your evidence (lease, notices, photos)
- Tenant may present defenses
- Judge issues ruling
6 Enforce the Judgment
If you win, the court issues a Writ of Possession. The sheriff will:
- Post notice on the property
- Execute the eviction (usually 24-72 hours)
- Supervise removal of tenant and belongings
Tips for South Dakota Landlords
Do:
- Document everything in writing
- Keep copies of all notices and communications
- Follow SD notice requirements exactly
- Be consistent in enforcing lease terms
- Consider mediation before court
- Consult an attorney for complex cases
Don't:
- Change locks without court order
- Shut off utilities
- Remove tenant's belongings
- Threaten or harass the tenant
- Accept partial rent during eviction (may waive rights)
- Evict in retaliation for complaints
Create South Dakota Eviction Notice
Generate a SD-compliant eviction notice in minutes with our automated document generator.