How to Evict a Tenant in South Dakota: Laws, Process, and Timeline
South Dakota Eviction Timeline 2026: 2024’s SB 90 Ended the Mandatory Nonpayment Notice
South Dakota’s forcible entry and detainer law, SDCL ch. 21-16, runs the eviction lawsuit through circuit court or a magistrate court presided over by a magistrate judge in the county where the property sits (SDCL § 21-16-3). Two 2024 bills reshaped the process in ways some guides still haven’t caught up with: Senate Bill 90 repealed the 3-day notice-to-quit statute (former SDCL § 21-16-2) that used to come before nonpayment and holdover cases, and Senate Bill 89 shortened the landlord’s notice for ending a residential tenancy at will. Neither bill set its own effective date, so both took effect July 1, 2024 under SDCL § 2-14-16 — settled law for more than two years now.
Grounds and Notice Periods
| Ground | Notice Period | Statute | Curable? |
|---|---|---|---|
| Non-payment of rent | No notice to quit since SB 90 — the action is available once the tenant fails to pay rent for 3 days after it is due; those 3 days are a waiting period, not a notice the tenant is guaranteed to receive | SDCL § 21-16-1(4) | No statutory right to cure — chapter 21-16 has no pay-to-stay provision; a landlord may still choose to give a voluntary notice |
| Lease violation | No statutory notice period; the action lies when the tenant does or fails to do something that, under the lease’s own terms, ends it | SDCL § 21-16-1(7); § 43-32-18 | No statutory cure, except that a tenant bound to make repairs must first get a request and a reasonable time to make them (§ 43-32-18(2)) |
| Holdover after the lease term ends | No notice to quit since SB 90 — the action lies once the tenant holds over after the term expires | SDCL § 21-16-1(4) | N/A |
| Illegal or criminal activity on the premises | No separate criminal-activity ground or notice period in § 21-16-1; the case runs through the lease — as an act that terminates the lease under its terms (§ 21-16-1(7)) or as use of the premises contrary to the lease (§ 43-32-18(1)) | SDCL § 21-16-1(7); § 43-32-18(1) | No statutory cure |
| No-cause, residential tenancy at will | At least 15 days, reduced from one month by Senate Bill 89 (2024); 2 months if the tenant or a spouse or minor child is on active military service, with exceptions | SDCL §§ 43-8-8, 43-8-9 | N/A |
A guide still quoting a 3-day nonpayment notice and a one-month at-will notice is describing South Dakota’s pre-July-2024 law. Both numbers changed: the repealed § 21-16-2 had required three days’ written notice to quit in nonpayment and holdover cases, and the at-will notice under § 43-8-8 dropped from “not less than one month” to “not less than fifteen days.” The at-will notice must be in writing and handed to the tenant or a person of discretion living there, or posted on a conspicuous part of the premises if neither can be found (§ 43-8-9). A different rule covers a rental whose term the parties never specified: it renews automatically unless one side gives notice at least as long as the term implied by law, capped at one month (§ 43-32-15).
The Court Process
- File. For nonpayment, once rent is 3 days past due, the landlord can file a written, verified complaint directly (SDCL § 21-16-6). For an at-will tenancy, the § 43-8-8 notice period has to expire first (§ 43-8-10).
- Serve. A sheriff, constable, or other authorized person must make at least two service attempts, at least one week apart and both within 30 days; on the second attempt the summons may be posted on the property, handed to a resident, and mailed first class (SDCL § 21-16-6).
- Response window. Since SB 90, the tenant has 5 days from service to appear and plead, up from the former 4 (SDCL § 21-16-7).
- Trial. Once the tenant answers, the case can be set for trial on two days’ notice (SDCL § 21-16-8). No continuance longer than 14 days is allowed unless the tenant posts an undertaking with surety covering rent that accrues (§ 21-16-7).
- Judgment. A landlord who prevails gets judgment for delivery of possession, plus rents, damages and costs claimed in the complaint (SDCL § 21-16-10).
- Execution. An execution for possession can only be served in the daytime (SDCL § 21-16-12).
What This Costs
Confirm the current filing and service fees with the clerk of the circuit or magistrate court that will hear the case before filing.
What a Landlord Cannot Do
If a residential landlord unlawfully removes or excludes the tenant, or willfully interrupts electric, gas, water or another essential service, the tenant may sue for an injunction, recover possession, or end the lease, and in any case recover two months’ rent plus any advance rent and deposit (SDCL § 43-32-6). Raising rent above fair market value, decreasing electric, gas, water or sewer service, or giving a notice to vacate not based on a lease breach is retaliation under § 43-32-27 when it follows one of three events: the landlord has received written notice — from the tenant or from the agency — that the tenant filed a housing or building code complaint materially affecting health and safety, and the complaint is found to be in good faith; the tenant has given the landlord written notice of a condition needing repair under § 43-32-9; or the tenant has organized or joined a tenants’ union. A code complaint the landlord was never told about in writing doesn’t trigger the statute. It is a defense if the notice to vacate came more than 180 days after the event, and not renewing a written lease at or before its expiration is not retaliation. A tenant who proves retaliation gets the § 43-32-6 remedies and may be awarded attorney’s fees (§ 43-32-28). On habitability, SDCL § 43-32-8 requires the landlord to keep the premises and common areas in reasonable repair and fit for human habitation, and the parties can’t waive that duty. If the landlord doesn’t repair within a reasonable time after notice, § 43-32-9 lets the tenant repair and deduct, move out and stop owing rent, or — when repairs cost more than a month’s rent — withhold rent into a separate bank account after written notice.
Frequently Asked Questions
Does a South Dakota landlord still have to give a 3-day notice before filing for nonpayment? Not anymore — Senate Bill 90 repealed § 21-16-2, the notice-to-quit statute, effective July 1, 2024. A landlord can file once rent is 3 days past due; there’s no guaranteed notice period and no statutory right to cure by paying the arrears.
Does South Dakota have a habitability law? Yes — SDCL § 43-32-8 makes keeping a rental fit for human habitation a duty the lease can’t waive, and § 43-32-9 gives the tenant repair-and-deduct, move-out, and rent-escrow remedies when the landlord doesn’t fix things after notice.
How long is the no-cause notice for a South Dakota tenant at will now? At least 15 days, not a month — Senate Bill 89 cut the residential at-will notice in 2024. Military households still get 2 months unless one of the statute’s exceptions applies.