South Dakota Eviction Notice

South Dakota notice periods

Each period is the one LeaseCraft's record of the statute holds. Read it with the conditions under it: some periods are minimums and some apply unless the lease sets another. "Lease controls" means the record holds no statutory period for that situation, and "No pre-suit notice" means it holds no notice before filing. The source column shows the law and the date LeaseCraft read it on the official site (most recently 2026-09-27).

What the South Dakota statute says

Unpaid rent: No pre-suit notice

• Minimum-late requirement: a forcible entry and detainer action lies when a lessee 'fails to pay his rent for three days after the same shall be due' (SDCL 21-16-1(4)).
• The former three-day written notice to quit (SDCL 21-16-2) was REPEALED by SL 2024, ch 75, s. 1 (2024 SB 90, signed 2024-03-14); the current code page shows '21-16-2. Repealed.' No statutory pre-suit notice remains; the lease may still require one.
• Post-filing: defendant's time to appear/plead is five days from service (21-16-7 as amended by SL 2024 ch 75 s. 2).

Lease violation: No pre-suit notice

• No statutory comply-or-quit notice: SDCL 43-32-18 lets a landlord terminate before the end of the term when the tenant uses the premises contrary to the lease or fails 'within a reasonable time after request' to make repairs the tenant is bound to make; 21-16-1(7) covers waste or any act that under the lease terms terminates it.

Ending the tenancy without a chance to cure: No pre-suit notice

• Waste, or any act/omission that under the lease terms operates to terminate the lease (21-16-1(7)); use contrary to the lease agreement (43-32-18(1)) — no statutory notice period.

Ending a month-to-month tenancy: 30 days

• SDCL 43-32-15: a hiring for an unspecified term renews unless a party gives notice of intention to terminate 'at least as long before the expiration thereof as the term of the hiring itself, not exceeding one month' — i.e. one month's notice before the end of a monthly term (statute says 'one month', recorded as 30).
• Tenancy at will (residential): landlord's written notice to remove within a specified period of not less than fifteen days (43-8-8); two months if the tenant or an immediate family member is on active military service, with listed exceptions.
• Landlord may modify month-to-month lease terms (including rent) on at least thirty days' written notice before the end of the month (43-32-13).

Tenant staying after the lease ends: No pre-suit notice

• A lessee who 'holds over after the termination of his lease or expiration of his term' is subject to a forcible entry and detainer action (21-16-1(4)); the statutory pre-suit notice (21-16-2) was repealed in 2024.

Delivery, form and other South Dakota rules

How the notice may be delivered

SDCL 43-8-9 (notice to a tenant at will): in writing, served by delivering it to the tenant or to some person of discretion residing on the premises; or, if neither can with reasonable diligence be found, by affixing it on a conspicuous part of the premises where it may be conveniently read. No delivery method is prescribed for 43-32-15 periodic-tenancy notices; the repealed 21-16-2 (service like a summons) no longer applies.

SDCL 43-8-9 · read 2026-09-27

Required form or contents

none found — no statutory notice form; 43-8-8 at-will notice must be in writing and specify the removal period (not less than fifteen days).

SDCL 43-8-8; 43-8-9 · read 2026-09-27

Statewide just-cause rule

No statewide just-cause requirement

• No just-cause requirement found; periodic and at-will tenancies end on notice under 43-32-15 / 43-8-8.

SDCL 43-32-15; 43-8-8 · read 2026-09-27

Preparing the notice

The form asks for the tenancy, the kind of notice and the dates, and the notice ends with a Certificate of Service to record how you delivered it. Beside the finished notice you get a South Dakota checklist of the period, form and delivery rules LeaseCraft recorded. The period in the notice is the one you choose; where LeaseCraft has verified the South Dakota period and your deadline is too soon, the document is not prepared until you move it.

Create a South Dakota eviction notice

A notice is not a court order and does not by itself remove a tenant. Cities and counties can add rules. LeaseCraft is not a law firm and this is not legal advice.

Eviction Notice rules in nearby states

Eviction Notice rules for every state