South Dakota Eviction Laws and Eviction Process

A reference of South Dakota Eviction Laws, and steps of the South Dakota eviction process for landlords and renters, updated 2021.

• What are the reasons for eviction under South Dakota eviction laws?
  • Nonpayment of rent (S.D. Codified Laws Ann. § 21-16-1(4))
  • The tenant remains in possession of the property after it is sold (S.D. Codified Laws Ann. § 21-16-1(5))
  • The tenant commits waste on the rental property or does or fails to perform any act that operates to terminate the lease (S.D. Codified Laws Ann. § 21-16-1(7))
  • Non-compliance with the lease agreement (S.D. Codified Laws Ann. § 43-32-18)
  • The tenant remains in possession of the rental unit after the lease term without the owner’s permission (S.D. Codified Laws Ann. § 21-16-1(4))
• What notice do South Dakota eviction laws require that landlords provide tenants before starting the eviction process?
  • For evictions based on non-payment of rent, the landlord must provide a 3-day notice. If the tenant pays the rent within five days, they are not evicted. (S.D. Codified Laws Ann. § 21-16-2).
  • For evictions based on a tenant remaining in possession of the property after it is sold, the landlord must provide a 3-day notice. (S.D. Codified Laws Ann. § 21-16-2).
  • For evictions based on non-compliance with the lease agreement, the notice is immediate. (S.D. Codified Laws Ann. § 43-32-18).
  • For evictions based on remaining in possession of the rental unit beyond the period of the lease without the owner’s permission, the landlord must provide a notice of 30-days for a month-to-month tenancy. (S.D. Codified Laws Ann. § 48-8-8)
• Do South Dakota eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities? 
  • No. South Dakota law prohibits self-help measures. If the landlord unlawfully removes or excludes the tenant from the property or interrupts essential services to the rental property, the tenant can recover damages up to two months’ rent and the entire security deposit.(S.D. Codified Laws Ann. § 43-32-6)

South Dakota Eviction Process: Step-by-Step

The eviction process in South Dakota involves the following steps:

1. The landlord serves the eviction notice. The landlord must give the appropriate eviction notice to the tenant that notifies the tenant that they are being evicted and gives a date when the eviction will occur. 
2. The landlord takes legal action. The landlord files a complaint and summons with the local court. The landlord is responsible for legally serving the tenant with the legal documents. 
3. The Tenant responds. The tenant has four days to respond to the action against them. 
4. Parties attend the hearing. The parties attend the hearing and present the case. If the tenant fails to respond or the landlord prevails, the court issues a judgment of possession in favor of the landlord. 
5. The landlord obtains execution for possession. If the tenant fails to move out after the landlord obtains a judgment, the landlord will request an execution of possession from the court. This document provides the date and time when execution of possession can take place when the sheriff can forcibly remove the tenant from the premises. 
6. Landlord stores property. The landlord must store property that is left by the tenant that is valued at more than $500 for 10 days. Then, the property is considered forfeited, and the landlord can dispose of it as they see fit.

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